Jump to content
Crazy Cat

US Supreme Court says citizens can't sue over foreign spouses' visa denials

 Share

41 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Taiwan
Timeline

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Morocco
Timeline

 

 

U can't sue but spouse visa denial can be appealed by Immigration Court .but i don't advise it.

 

As most know we went thru denial after answering huge RFE and then appealed the NOIR

 

and we are married over 14 years and happy and doing good

 

BUT i think most USC's  should seriously consider  the CO decision as a warning and maybe try to learn why the denial

 

These CO's live in the country of the embassy,, know the people,  see the paperwork and understand more about the circumstances than  we do 

I don't know if a CO is allowed to violate the privacy of the immigrant by saying things like  " :hey,  your fiancee is talking to and telling many women he loves them" CO can check the ds160 or ds 260  info on the social media    but this happens.

 

We have even seen some come,  marry ,  get the green card ,  then divorce and apply for a person back home 

 

And one woman flew into Atlanta and text her fiancee that CBP wouldn't allow her in and then he saw her leaving in another car

 

Yes, divorces happen and even if married to another USC marriage was no guarantees 

but there are reasons (good ones) to deny or want more proofs of a relationship

and we need to trust the judgement of a trained professional

Link to comment
Share on other sites


 

The court in a 6-3 decision, opens new tab said Sandra Munoz, a U.S. citizen and civil rights lawyer, cannot challenge the U.S. Department of State's denial of her El Salvadoran husband's visa application after the agency waited three years to explain that it suspected him of being a gang member.

 

25 minutes ago, JeanneAdil said:

BUT i think most USC's  should seriously consider  the CO decision as a warning and maybe try to learn why the denial

The SCOTUS decision linked by OP. clearly says the CO does NOT have to give a reason for denial nor do they have to abide by any time constraints in their decision making. …
 

 
 
Visa denials are not reviewable in court unless the government violates an applicant's constitutional rights in the process.
The Supreme Court on Friday rejected Munoz's claim that the delay in explaining the denial violated her due process rights by interfering with her fundamental right to marry.
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
8 hours ago, Crazy Cat said:
 
This is why vetting before marrying is so important. Character matters in any marriage, but it is especially essential when marrying in another culture. With some of the divorce stories being posted here almost daily, it is clear that US Citizens are under the assumption that it is their right to bring whoever they want into the country, only to find out they were being scammed all along.
 
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
2 hours ago, illumined said:

I have mixed feelings about this. It's good that a gang member isn't allowed in, but giving the agency unlimited powers with no accountability is always a recipe for disaster.

I am with you on this...the USC should be given some explanation.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ecuador
Timeline
7 hours ago, JeanneAdil said:

most USC's should seriously consider the CO decision as a warning

In most cases, certainly.  In the case of the incompetent management and out-of-control Vice-Consuls at the hellhole Guayaquil consulate when I and my contemporaries were trying to get our fiancees/wives here, there needed to be accountability.

3 hours ago, illumined said:

giving the agency unlimited powers with no accountability

The consulates have already had the unlimited powers to grant or refuse visas.  The accountability is internal, and I understand that it's gotten far better since we were all tormented at GYQ.

6 hours ago, Family said:

the CO does NOT have to give a reason for denial

I'm not sure that they always can, and this is for multiple reasons.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites

58 minutes ago, TBoneTX said:

I'm not sure that they always can, and this is for multiple reasons.

National security being one of them.

Link to comment
Share on other sites

46 minutes ago, SalishSea said:

National security being one of them.

In all honesty , they can  ( and often do ) deny and give broad non detailed /non  compromising reasons. ..example

‘ reason to believe “ you are a   bad guy , gangster , trafficker.. ( maybe an old tattoo from stupid teen years, hanging out with friends that have marked rap records) 

‘lack of bonafides ( but they really suspect fraud and never tell you )

‘national security ( past or present political/designated terrorist affiliation ) 

 

In this current Munoz decision, the consular non reviewability doctrine remains undisturbed  but the fight was really about the due process right of the US Citizen Spouse . 

Sure you have a right to marry…but to bring your foreign spouse to live with you in the US is a “ favor” not a right.

 

Full text here

https://www.supremecourt.gov/opinions/23pdf/23-334_e18f.pdf

 

Link to comment
Share on other sites

This is a great, well-thought out decision.  The Plaintiff's argument is that the US Constitution outlines unalienable rights as life, liberty and the pursuit of happiness.  Therefore the State Department is required by the US Constitution to provide a visa to a US Citizen's fiance/husband so she can be 'happy".  The answer is very simple.  The US Citizen can move to her fiance's country to be with him/her. They also could both move to a country where they both can get a visa and long term residency.

 

The US Supreme Court usually gets these things right most of the time.   I am not surprised that the 3 Liberal justices dissented.  They usually are on the wrong side of decisions.

Link to comment
Share on other sites

12 hours ago, KMG said:
 
This is why vetting before marrying is so important. Character matters in any marriage, but it is especially essential when marrying in another culture. With some of the divorce stories being posted here almost daily, it is clear that US Citizens are under the assumption that it is their right to bring whoever they want into the country, only to find out they were being scammed all along.
 

This is a well thought out statement.  A scam marriage denial is a secondary protection from this decision.  Can you imagine MS13 would set up a "marriage factory" to get more of their people into the US.  Citizenship without consequences for foreigners.  

Link to comment
Share on other sites

Country: Cameroon
Timeline
On 6/21/2024 at 7:15 PM, KMG said:
 
This is why vetting before marrying is so important. Character matters in any marriage, but it is especially essential when marrying in another culture. With some of the divorce stories being posted here almost daily, it is clear that US Citizens are under the assumption that it is their right to bring whoever they want into the country, only to find out they were being scammed all along.
 

 

True there are scammers that make it through, but going full nanny state isn't the answer. 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Greece
Timeline
On 6/22/2024 at 5:30 PM, thonati said:

This is a great, well-thought out decision.  The Plaintiff's argument is that the US Constitution outlines unalienable rights as life, liberty and the pursuit of happiness.  Therefore the State Department is required by the US Constitution to provide a visa to a US Citizen's fiance/husband so she can be 'happy".  The answer is very simple.  The US Citizen can move to her fiance's country to be with him/her. They also could both move to a country where they both can get a visa and long term residency.

 

The US Supreme Court usually gets these things right most of the time.   I am not surprised that the 3 Liberal justices dissented.  They usually are on the wrong side of decisions.

 

Well, if a US citizen can have life/liberty/... WITH the spouse IN another country, by the same token (s)he can do the same even WITHOUT a spouse (if the constitution is not violated in the first case, it is, similarly, not violated in the second. Basically the citizen can take his life/liberty/... and go to hell).

 

So I think we should start kicking USCs out of the country, too (for cause - ie only the bad guys). What do you think? Shouldn't we? (It would clean up the country - no question about it. As you explained, is it very simple. Are you a lawyer, per chance? I hear Yale is good at constitutional law)

 

-- h

 

PS The decision relies heavily on established precedent, and not in enjoying life/liberty/... abroad (that liberty is affected, there is no question - it is even mentioned in the decision. Sadly, SCOTUS did not follow tonati's line of thought - although it mentioned it, in passing..).

Edited by harry.st
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Greece
Timeline
On 6/22/2024 at 2:19 AM, illumined said:

I have mixed feelings about this. It's good that a gang member isn't allowed in, but giving the agency unlimited powers with no accountability is always a recipe for disaster.

 

The decision relies on this principle (as well as similar cases before. Basically, a USC cannot bring whoever (s)he fancies in the country, to keep him/her company).

 

To your point, I agree w/ you, of course. Arguably the only way to fix this is via a law. Likely, it will happen, sooner-or-later, as the critical voices have been multiplying. It is tricky, though...

Edited by harry.st
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...