Taiwanese sued because of a 4-year delay in consideration of request for a green card

On Tuesday, September 18, Yen Jian-Li from Taiwan, and his daughter filed a lawsuit in Federal court against officials from citizenship and immigration USA (U. S. Citizenship and Immigration Services – USCIS) for a four-year delay in the consideration of the application for a green card.

Father and daughter accused Director, USCIS district 26 David Gulika, Director of USCIS Francis Cissna and the Secretary of homeland security , and Kirsten Nielsen of violating the administrative procedure act.

As said by the lawyer , Joseph Ferrets, the daughter of Jian-Li (whose name is not mentioned), a U.S. citizen, filed a petition with USCIS on December 8, 2014 on behalf of her father. On the same day the man filed USCIS form I-485 for approval of his permanent resident status in the United States, because he is the closest relative of the daughters of the American.

In January 2015, two received a request from USCIS for information on the guarantor. They responded a month later, naming a guarantor brother Jian Li, who is also American and lives in Virginia.

After that, in the period from 26 may 2015 to 5 June 2017 male nine times went to Saipan Application Support Center to find out about their status. Jian-Li was also associated with the USCIS in writing 3, 2015 may 5, 2016 February 8, 2017.

According to the Chorea, his client received only vague answers to queries, for example: «Your petition/application is still pending», «we’re sorry We can’t give you dates when we will complete the review of your petition/application,» etc.

«The period of delay in this case is almost four years,» said Khorey, adding that special circumstances or other reasons justifying a longer delay, does not exist.

He is convinced that Jian-Li and his daughter have the right to a court order requiring the USCIS to perform his duty.

«No decision on the petition and the statement of the plaintiffs was willful, strange, lacks a legal basis», – says the defender.