Spouses Have No Constitutional Right to Review Rejection of Visa

June 26, 2023, 3:39 PM UTC

A rejected visa application can’t be reviewed by a court even when it means an immigrant living in the country without authorization must be separated from his US citizen spouse, the DC Circuit affirmed.

Edvin Colindres Juarez came to the US when he was 14 and “for more than twenty years, he made his life in America” leading to his marriage with Kristen Colindres, which whom he has a daughter. He was given permission from the Department of Justice to correct his immigration status, but the consular office in Guatemala rejected his application because there was reason to believe he ...

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