Hi everyone. Any legal pedes out there? Have a question.
Scenario:
An American expat lives overseas with a foreign spouse who is not an American citizen or resident.
Said expat wishes to visit his/her family in the USA, but has been unable to for several years due to the vax mandate required for his/her spouse. The children require the presence of both parents during the trip to provide appropriate supervision and support. The foreign spouse has a 10 year tourist visa issued prior to the pandemic.
With the ending of the Covid emergency, can the CDC and/or Department of State legally continue this discriminatory policy against foreign visitors? Does the expat have any standing to sue in this case?
Would love to know how or if this can be done. Yes, there is a real inspiration for this inquiry.
Don't spouses have an automatic pathway to citizenship from marriage?
They have an automatic pathway to a greencard only if they wish to live in the US, and after living in the United States for 3 years they can apply for citizenship. In this case however, the American expat is employed overseas, and thus the foreign spouse does not qualify for a US resident greencard, only a tourist visa for visits.