August 2, 2024
The Supreme Court decision in Department of State v. Muñoz confirmed that U.S. citizens cannot challenge consular decisions denying spousal visas in federal court. This means the Department of State’s visa decisions remain largely final, and judicial review of those denials is very limited.
Because consular decisions on family visas are now even harder to contest in court, some couples may face longer separations and fewer options if a visa is denied. It’s more important than ever to prepare complete and accurate documentation and work with experienced counsel to avoid pitfalls in the application process.
September 11, 2020
Under VAWA, certain abused relatives of U.S. citizens or lawful permanent residents may self-petition for immigration status without the abuser’s help. This includes a spouse, a parent, or a child (under 21) who has been subjected to battery or extreme cruelty by a qualifying U.S. citizen or LPR family member.
“Extreme cruelty” includes physical abuse and a pattern of harmful behavior such as psychological, sexual, or emotional violence. The abuse must have occurred in the United States unless under special conditions involving U.S. government employment or military service abroad.