The court rendered a 6-3 verdict in the case between the Department of State v. Sandra Munoz, U.S. Supreme Court, No. 23-334, the Republican justices (the 3 Democratic dissenting) deciding that there is no constitutionally protected right to live with your spouse. This decision, reversing a 9th US Circuit Court of Appeals decision holding the opposite, allows the government to exclude without explanation the spouse of a US citizen, failing to act on a visa petition, and dismissing her seeking review of the delay and failure to act. The plaintiff, a US Citizen and civil rights lawyer, has been separated from her husband for over 9 years, apparently over State Department concerns that he “might” be a gang member. The Supreme Court decision means that there is no review of that determination, effectively declaring that marriage does not include the right to live with your spouse where you choose, and courts may not review government decisions abridging that right. This follows the trend of the court to restrict personal rights affecting families, such as abortion, without any evaluation of the human or social costs involved, and a blind eye to consequences that can be overcome for those of extreme wealth and means.
The legal system has traditionally been a protector of ordinary citizens who seek a level playing field in a world with wide discrepancies of opportunity and wealth, as well as the physical environment. This court further abandons that tradition, effectively saying “nothing to see here” and letting the government act on the basis of political or other unknown reasons to diminish the rights and value of an ordinary citizen.
Tag: family immigration
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US Supreme Court Further Degrades Marriage
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Head of Household
Tax – Head of Household (Considered Unmarried)
Many married people file their taxes as Head of Household in order to save money, not realizing that there are very strict requirments for such a status. In order for you to qualify as “considered unmarried” you must meet the following criteria taken directly from the IRS website:
Considered Unmarried
To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.
- You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.
- You paid more than half the cost of keeping up your home for the tax year.
- Your spouse didn’t live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later.
- Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person , later, for rules applying to a child’s birth, death, or temporary absence during the year.)
- You must be able to claim the child as a dependent. However, you meet this test if you can’t claim the child as a dependent only because the noncustodial parent can claim the child using the rules described later in Children of divorced or separated parents (or parents who live apart) under Qualifying Child or in Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) under Qualifying Relative. The general rules for claiming a child as a dependent are explained later under Dependents .
Source: https://www.irs.gov/publications/p501#en_US_2018_publink1000220775Business Law