Widow sues feds for 3-year delay in green card petition
A Chinese widow of a U.S. citizen is suing the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services for allegedly not acting on her petitions for a green card for three years now.
Aside from U.S. Department of Homeland Security Secretary John F. Kelly and Attorney General Jeffrey Sessions, Jun Cui Seman, through counsel Samuel Mok, is also suing USCIS Center director for the National Benefits Center’s Robert M. Cowan, USCIS district director David Gulick, and USCIS acting director James McCamant.
Seman is a petitioner of a pending I-360 petition to classify herself as the widow of a U.S. citizen as well as the application for a pending I-485 application to adjust status to a permanent resident.
Seman asked the U.S. District Court for the NMI to compel USCIS to decide on her pending applications.
Mok said that Seman married Enrique Kaipat Seman on Saipan on Sept. 6, 2012. On May 29, 2014, Enrique Seman passed away.
On June 30, 2014, Seman filed with USCIS a self-petition to have herself classified as the widow of a U.S. citizen.
On Aug. 18, 2014, the petitioner appeared for an interview for her I-360 petition at the USCIS Office on Saipan.
At the end of the interview, Mok said, the interviewing officer did not issue any requests for further information.
Since that time, Mok said, petitioner has not received any further communication from the USCIS regarding her pending I-360 petition despite the passage of three years.
Seman made InfoPass appointments and several calls to the National Customer Service Center to find out the reason for the delay in the adjudication of her case yet failed to receive any helpful information, Mok said.