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Widow Files Lawsuit Over Pending Immigration Petition

Jun Cui Seman, a widow of an American citizen, has filed a suit against multiple U.S. government officials because she has waited over three years for USCIS to issue a decision in her pending immigration petition.

Seman has a pending I-360 petition as the widow of a United States citizen and an I-485 petition for adjustment of status.  When her husband of two years, Enrique Seman, died in 2014, she filed her petition.

The suit was filed in the District Court for the Northern Mariana Islands (NMI) on Thursday, August 17.  Seman would like the federal court to order USCIS to issue a decision in her petition.

Seman had an adjustment-of-status interview on August 18, 2014, and has not received a decision in the three years since.  USCIS never issued a request for additional information. Under the Administrative Procedures Act, applicants for immigration benefits can file suit against the U.S. Citizenship and Immigration Service to compel action on the agency’s behalf when the delay has been unreasonable.

The lawsuit was filed against multiple government officials, including USCIS acting Director James McCament, U.S. Department of Homeland Security Secretary John Kelly, and U.S. Attorney General Jeff Sessions.

Seman’s argues that there is not an administrative mechanism to address unreasonable delays in USCIS decision-making for an I-360 petition or I-485 application.  When Seman tried to find answers regarding the delay in decision-making, she was simply told that her file was pending with the USCIS office in Guam.  According to Mok, Seman is in no way at fault for the delay.

Normally, an I-360 interview decision is made within two to three weeks if no further information is requested.  By taking over three years to make a decision, the USCIS has caused Seman unnecessary anxiety and stress, putting her in “administrative limbo.”  The lawsuit also says Seman is in danger of removal by ICE since she does not have legal status.

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