Transcript of the above video: 

As the title of this video suggests, we are discussing the right of spouses of American citizens to enter the United States. This is a common misconception amongst a lot of folks out there, especially lay people who have never dealt with the Immigration System before. A lot of Americans think that by dint of the fact that they married a foreign national, that foreign national has an unfettered right to enter the United States. That has never been the case. It has always been a requirement that those folks need to go ahead and get a visa to enter the United States, but this was recently reiterated in a recent Supreme Court decision. 

I thought of making this video after reading a recent article from the AP, that's on apnews.com, that's apnews.com, the article is titled: The Supreme Court rules against California woman whose husband was denied entry to US. Quoting directly: "The Supreme Court on Friday ruled against a California woman who said her rights were violated after Federal Officials refused to allow her husband into the country, in part, because the way his tattoos were interpreted. The 6-3 decision along ideological lines found that citizens don't necessarily have the right to participate in Federal Government decisions about whether immigrant spouses can legally live in the US." I am going to get into this in another video I am making contemporaneously with this one where we discuss Consular Procedure, the Doctrine of so-called Consular Absolutism or Consular Non-reviewability because there are other things going on with regard to this and how this procedurally occurred but I am going to leave that for another video. In this video I want to concentrate purely on the fact that yeah, your foreign spouse, just because you marry them does not have a right to enter the United States. Quoting further: Quote: "While Congress has made it easier for spouses to immigrate, it has never made spousal (correction) immigration a matter of right," said Justice Amy Coney Barrett, reading from the bench the majority opinion joined by her fellow Conservatives. 

So okay, first off, let's get into this. "Easier for spouses to immigrate". I think what they are talking about there or what Justice Coney Barrett is talking about there is the fact that spouses of American citizens are the top preference category with regard to Visas, so they don't have to wait around for what is called a Visa number, they just go through the line. Lower preference categories have to wait a longer period of time to get a Visa; it is based on whether or not you can get a Visa number etc. There is a great deal of procedural mechanisms if you will that have to be triggered in order for a visa to ultimately be issued for lower preference category folks. That said, just because they prioritize immigration for spouses of Americans, which in my opinion they ought to do, I think that is a good policy decision, again that should not be conflated or confused with the notion that the foreign spouse of an American citizen has an unfettered right to travel to and enter the United States merely by dint of their marriage to an American citizen.