IMMIGRANTS AND CITIZEN SPOUSES IN BOSTON SUE INS FOR FAILING TO PROCESS RESIDENCY APPLICATIONS

On August 18, 1999, a class action lawsuit was filed against the INS Boston District Office for its failure to adjudicate long pending applications for permanent residency. The suit has eight named plaintiffs - four couples, each with one U.S. citizen spouse and one foreign spouse. Each couple has applied for conditional residency and been waiting for over 22 months for a decision.

Conditional residency allows the foreign national spouse of a U.S. citizen to gain residency before the marriage is two years old. If, two years after conditional residency is granted, the couple is still married and the marriage is bona fide, permanent resident status is awarded.

According to the Director of the Boston District Office, Steve Farquharson, the office is delayed in its decisions because of the length of time it takes other federal agencies to conduct required background checks. He says that while the wait a few years ago was about six months, the average wait now is a year and a half.

Among the relief sought by the lawsuit is an announcement of clear standards of evidence, an end to any racial discrimination against applicants, and a one-year deadline for decisions on conditional residency.

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