Man sues USCIS for denying his long-term application

A man is suing U.S. Citizenship and Immigration Services and is asking the U.S. District Court for the NMI to order the agency to grant him CNMI long-term residency.

Sukesh Chandra Barman, through attorney Joseph Horey, has filed a complaint for judicial review and declaratory and injunctive relief against USCIS and is asking the federal court to review USCIS’ decision to deny his CNMI long-term residency application.

“The grant of [CNMI residency] status to plaintiff was unlawfully withheld by the director, and the denial of his application was short of statutory right and not in accordance with law. In particular, the director’s finding that plaintiff had not ‘resided continuously and lawfully’ in the CNMI for the requisite time period was erroneous as a matter of law and resulted from a misconstruction of the Relief Act,” Horey argues.

The lawsuit named Rebecca Maliuwelur, in her official capacity as director of USCIS Guam field office, as respondent.

As relief, Barman wants the District Court for the NMI to issue an order declaring that his application met all the statutory criteria of eligibility for CNMI residency status as set forth in the Northern Mariana Islands Long-Term Residents Relief Act or U.S. Public Law 116-24.

In addition, Barman wants the court to order USCIS’ Guam field office to approve his application and grant him CNMI residency status, and issue him all appropriate documentation for such a status.

On or about June 25, 2019, U.S. Public Law 1 16-24 or the Relief Act was signed into law by then-President Donald Trump. It established a new federal immigration status known as NM-1 for long-term residents of the CNMI who met certain qualifications.

Persons with NM-1 status are authorized to reside and work in the CNMI indefinitely without necessity of any other immigrant visa or work visa.

NM-1 status was available for a limited time only. USCIS only accepted applications for such status between Feb. 19, 2020 and Aug. 17, 2020.

Barman applied for NM-1 status on or about April 29, 2020. Horey claims Barman met all the criteria of eligibility for NM-1 status outlined in the Relief Act, but USCIS denied his application on Dec. 30, 2021.

He sought reconsideration of the denial on March 22, 2022, but it was denied by the director on Oct. 14, 2022.