Eritrean Man Accuses USCIS Of Illegal Application Delays

Law360 (January 10, 2020, 8:08 PM EST) -- An Eritrean national has sued U.S. Citizenship and Immigration Services in Washington federal court, challenging the agency’s claim that it lacks jurisdiction over his green card application.

Alemseghed Mussie Tesfamical, who has lived in the U.S. for more than 17 years and is married to a U.S. citizen, argued Thursday that the USCIS has wrongly said that because he’s currently in deportation proceedings and isn’t an “arriving” noncitizen, it doesn’t have the authority to proceed with his application to adjust his status to legal permanent residency.

According to Tesfamical, he was deemed “arriving” when he was put in deportation proceedings, and...

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