Is it a constitutional right for the spouse of an American citizen to become a naturalized citizen or permanent resident?
Question Details: I have been married to a non-U.S. citizen for more than 3 years and we have been living outside of the U.S. the whole time. My spouse has been offered a job opportunity as a post-doctoral researcher at a university in the U.S., so we would like to move there and begin the green card/citizenship process. Our problem is that my spouse is from a country listed in the travel ban, which is frustratingly confusing. If my spouse is not allowed to enter the U.S., I am effectively being prohibited from entering my own country because my daughter and I cannot be separated from my spouse. I am wondering if naturalization through marriage is a right or at least, do we have grounds for a waiver to the travel ban?
No, there is no constitutional right for the spouse of an American citizen to become either naturalized or a permanent resident. Rather, the power to set the rules for naturalization is committed to Congress, which may set whatever rules--or limitations--it wants. Similarly, the travel ban is something which Congress has power over, and so Congress can set any rules about a travel ban which it likes and there is no Constitutional right to circumvent it.