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By Cherrie
Anne E. Villahermosa
Variety News Staff
THREE women who married U.S.
citizens have sued the Department of Homeland Securitys 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.
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