Supreme Court May Allow Spouses to Challenge Denial of Spouse’s Green Cards

The government argues that spouses shouldn’t get to fight visa denials in court.

United States Supreme Court Justices pose for their official portrait at the Supreme Court in Washington on Oct. 7, 2022. Alex Wong/Getty Images

The Supreme Court seemed open on April 23 to the possibility of allowing U.S. citizens whose spouses were denied immigrant visas a narrowly defined opportunity to challenge those denials in court.

The case, Department of State v. Munoz, concerns the doctrine of “consular nonreviewability,” which is the legal principle that a consular official’s decision to refuse a visa to a foreigner is not subject to judicial review.