Supreme Court to Review Green Card Denial When a Marriage Is a Sham

Published on May 2, 2024

The Supreme Court decided this week to consider whether the U.S. government can revoke an immigration visa after it determines the immigrant’s marriage to a U.S. citizen is a sham. The U.S. Department of Homeland Security (DHS) rescinded a Palestinian man’s visa after it found he previously attempted to pass off another one of his marriages as legitimate in order to obtain a green card. Because he allegedly engaged in fraud before, the current marriage was deemed fraudulent, and his visa, which had been approved, was rescinded. DHS argues its ruling is “discretionary” and cannot be challenged in the courts. Federal courts of appeal disagree on whether such decisions can reviewed by courts....