A federal judge has given the U.S. Citizenship and Immigration Services, a division of the Department of Homeland Security, 60 days to make a final determination on the application for permanent residency filed by an Iranian immigrant in April of 2001. After waiting for twelve years for his application to be approved or denied, the immigrant filed a lawsuit against the government forcing it to make a decision in his immigration case. While this case is unique, the courts will generally find a delay in excess of six years to be unreasonable for immigrants seeking permanent residency in Florida or anywhere in the United States.
As a teenager in Iran, the applicant distributed literature for two violent organizations in Iran that opposed the US-supported Shah of Iran and his government. The groups are said to have killed U.S. soldiers and civil defense contractors, and also engaged in bombings, mortar attacks and assassinations. If it is determined that the applicant provided material support to these terrorist groups, he may not be eligible for permanent residency status.
The applicant, now an engineer living in the U.S., claims that he gave up any role in or support of these organizations as a condition of marrying his current wife. The applicant also claims that the lack of permanent residency makes it difficult for him to travel out of the country in the course of his employment. He states that he is routinely questioned by border officials and lives in fear that, at some point, he will be denied reentry to the United States and will be separated from his wife and children.
An immigration attorney can be an invaluable resource for individuals seeking asylum, residency or citizenship in the United States. Although immigration matters can be complicated and time consuming, the attorney may be able to effectively and quickly navigate the process.
Source: SFGate, “Judge: Review immigrant’s residency application”, Brett Barrouquere, April 04, 2014