US Supreme Court to Review ‘Sham Marriage’ Immigration Finding

The US Supreme Court agreed to take up another case on whether courts can review visa determinations for spouses of American citizens.

The justices on Monday agreed to consider whether Amina Bouarfa, a US citizen whose husband’s visa was originally approved, can challenge the Department of Homeland Security’s revocation of that visa.

DHS determined that Bouarfa’s marriage was a “sham,” based on the fact that he’d previously attempted to get visa through his previous marriages.

The justices recently heard argument on whether a US citizen can challenge a visa denial for their non-US citizen spouse who DHS determined was in a gang.

The question for the justices in Bouarfa v. Mayorkas is whether courts can review a visa revocation. All parties agree that Bouarfa could challenge DHS’s decision if it had been outright denied for being a “sham marriage.” But DHS argues that a revocation isn’t reviewable because the decision is “discretionary” at that point.

Federal appellate courts are split on whether US courts can review revocation decisions.

“The conflict has far-reaching consequences in an area of the law with life-altering implications,” Bouarfa said in her petition for review.

The case is Bouarfa v. Mayorkas, U.S., No. 23-583, granted 4/29/24.