If you are married to a foreign national, you already know the complexities and emotional challenges involved with filing to bring your spouse here. The US Supreme Court has recently decided a case that affects all such cases and brings significant implications for those looking to sponsor their noncitizen souses. Here’s what you need to know about the highly controversial case of Department of State v. Munoz.
Historical Context: A Long Road to Equality
Historically, U.S. immigration laws have not always been favorable to spousal sponsorship. Under the Expatriation Act of 1907, a U.S. citizen wife would automatically lose her citizenship upon marrying a foreigner, making it nearly impossible for her to sponsor her husband. This changed with the Cable Act of 1922, which largely undid derivative citizenship for married women. However, gender disparities in immigration laws persisted until 1952, when quotas for female citizens with noncitizen husbands were finally lifted.
The Current Legal Landscape
The recent Supreme Court case, Department of State v. Muñoz, has brought to light the ongoing challenges faced by U.S. citizens in sponsoring their noncitizen spouses. The Court reaffirmed that while Congress has made it easier for spouses to immigrate, it has never made spousal immigration a matter of right. US citizens are entitled to file petitions for their spouses, but this does not mean that the foreign national spouses are entitled to come here just by virtue of being married to a US Citizen. Eligibility requirements still have to be met, and there are various grounds of inadmissibility that may apply to essentially bar an individual from immigrating. In the case at hand, for example, the consulate denied a visa based on an interview with the applicant, a criminal background check, and tatoos that the government associated with membership in MS-13, a notorious gang responsible for international atrocities throughout the world.
In fact, even if the couple can demonstrate that the marriage is a bona fide one, there are various grounds of ineligibility that may apply, including but not limited to unlawful presence, a previous deportation order, criminal convictions, or fraud/misrepresentation in connection with immigration benefits. Sometimes, these grounds may be waived through application of waiver, normally filed on form I-601.
Furthermore, in the court decision, the Court emphasized that immigration must also take into account national security and foreign policy considerations, such as whether an individual belongs to a gang or poses a danger to national security. The Court also confirmed the doctrine of consular nonreviewability, which essentially means that decisions made by consular officers are not generally subject to judicial review.
Implications for U.S. Citizens
The decision underscores the importance of understanding, identifying and anticipating legal hurdles that may come up during the process. U.S. citizens and their spouses must be prepared for potential delays and complications, especially if the noncitizen has a history of unlawful presence, criminal issues, or other inadmissibility issues. The couple must also be cognizant that being married, in and of itself, does not entitle the foreign national spouse to come here.