Couple takes DHS/USCIS to court over green-card application

A COUPLE is requesting that the District Court for the NMI order the U.S. Department of Homeland Security and U.S. Citizenship and Naturalization Services to issue a decision on a pending 1-485 application for adjustment of status or a green card.

Robert Lee Hale Jr. and Suinan Zhong, through attorney Samuel I. Mok, have sued DHS Secretary John Kelly, USCIS National Benefits Center Director Robert M. Cowan, USCIS District Director David Gulick, acting USCIS Director James McCamant, and U.S. Attorney General Jefferson Sessions.

In his motion for summary judgment against the defendants, Mok stated that at the time of filing the suit, the petitioners had been waiting more than 24 months for a decision on the I-130 and I-485 petitions filed on July 21, 2015.

The lawyer said the adjustment-of-status interview occurred on June 6, 2016 and all requests for additional information were satisfied on June 8, 2016.

On Dec. 18, 2017, USCIS approved Robert Lee Hale Jr.’s I-130 petition on behalf of his wife, Mok said.

But Suinan Zhong’s I-485 application for adjustment of status remains pending despite the passage of more than 33 months since it was initially filed and almost 23 months since the adjustment-of-status

The 33-month delay is inherently unreasonable, Mok said.

Mok said, based on USCIS processing guidelines, the estimated time range for processing an I-485 application is 9.5 months to 21 months from the time an I-485 application is filed.

He noted that the USCIS website specifically says that if an application was filed before Aug. 7, 2016, he/she should inquire about the application as it is “outside normal processing time.”

 Mok said the petitioners filed their I-485 on July 21, 2015 “which is well before the cut-off date publicly listed by the USCIS itself as ‘outside normal processing times.’ ”

There is no articulable reason why the petitioners’ I-485 application has taken so long to adjudicate, he added.

He said USCIS has placed the petitioners in administrative limbo, and has caused them unnecessary anxiety and stress.images/photos/misc/uscisSign01L.jpg

Source: Marianas Variety :

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