Vol. 34 No.209
       ©2007 Marianas Variety
Friday, January 5, 2007 www.mvariety.com
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3 women sue feds over immigration status

By Cherrie Anne E. Villahermosa
Variety News Staff

THREE women who married U.S. citizens have sued the Department of Homeland Security’s Bureau of U.S. Citizenship and Immigration Services for the denial of their applications to adjust their status to resident aliens of the United States.
Mabel Angey, Honghua Borja and Eufrocina Lee through attorney Danilo Aguilar filed the complaint of declaratory relief at the U.S. District Court for the NMI.
The plaintiffs are requesting a jury trial and are seeking a court declaration that Angey, Borja and Lee are eligible for adjustments of their status as resident aliens of the U.S. pursuant to Section 506 (c) of the Covenant and Section 245 (a) of the Immigration and Nationality Act.
The plaintiffs are also asking for general and special damages in an amount proven at trial, for reasonable attorney fees and costs of suit, and for such other and further relief as the court deems just and proper.
The Bureau of U.S. Citizenship and Immigration Services is a sub-agency within the Department of Homeland Security and is responsible for the initial processing review and approval of immigrant applications and applications for adjustment of status .
Angey and her husband submitted form 1-130, a petition for alien relative; form 1-485, an application to permanent residence or adjust status; and form 1-131, an application for travel documents in Feb. 2006.
The forms were received by the Bureau of U.S. Citizenship and Immigration Services in Missouri on Feb. 26, 2006.
Borja and her husband submitted the same forms in Jan. 2006
In Feb. 2006, Lee and her husband submitted the same forms.
The complaint stated that in the first week of Aug. 2006, Angey received a notice dated July 25, 2006 from the Bureau of U.S. Citizenship and Immigration Services approving her immigrant application as the wife of a U.S. citizen pursuant to Section 20 (b) of the Immigration and Nationality Act.
On that same day, Angey also received a notice of a decision dated July 25, 2006 denying her application to register for permanent residence or adjust status because she “was not admitted into the U.S. and therefore ineligible for adjustment.”
Lee also received a notice from the bureau approving her immigrant application as a wife of a U.S. citizen.
Lee received at the same time notice of a decision denying her application to register permanent residence or adjust status citing her ineligibility for adjustments.
Borja received notice of a decision denying her application to register for permanent residence or adjust status. Her application for immigrant status is still pending.
The complaint stated that the decisions of the defendants in denying the plaintiffs’ applications for adjustment will require each plaintiff to leave the CNMI and travel to their countries of citizenship to obtain an immigrant visa for the U.S.
The complaint stated that the defendants’ decision denying adjustment of status for the plaintiffs is arbitraty and capricious because it fails to account for the provisions contained in Section 506 (a) and (c) of the Covenant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of American as codified by 48 USC 1801.
The complaint stated that as a result, each plaintiff has been denied the ability to obtain their resident alien cards, preventing them from being able to travel to and around the U.S.
In addition, the complaint added, this delay has caused each plaintiff emotional distress, trauma, economic and other damages to be proven at trial.