Can Marriage Conquer “Consular Nonreviewability” for a Spouse’s Visa Denial?, CRS Legal Sidebar (October 30, 2014)

An interesting discussion to share!

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Can Marriage Conquer “Consular Nonreviewability” for a Spouse’s Visa Denial?, CRS Legal Sidebar (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

In essence, this is the question that the U.S. Supreme Court has agreed to answer by taking the case of Kerry v. Din. In Kerry, Fauzia Din, a U.S. citizen, asks the Court to recognize marriage as a constitutionally protected interest of a U.S. citizen which can trigger limited judicial review of her spouse’s visa denial and require the government to identify the specific laws and facts that are grounds for denying the visa. A Supreme Court ruling favorable to Ms. Din would establish an exception, based on a spousal constitutional interest, to the general rule of consular nonreviewability. This is the principle that a decision by a Department of State (DOS) consular officer to grant or refuse a visa is not subject to review by the…

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