In February of this year, Qun Lin was arrested by the U.S. Immigration and Customs Enforcement (ICE). Ms. Lin has been in Immigration Jail for over four months. While Ms. Lin was previously ordered removed from the US for “paperwork” violations only, Ms. Lin is immediately eligible for adjustment of status to a green card inside the US.
Unless the U.S. Citizenship and Immigration Services (USCIS) acts quicker in reviewing her application for adjustment of status in this country, which she applied for in April 2017, Ms. Lin and her family will suffer dire consequences. Ms. Lin is currently being detained in Wichita, Kansas.
Ms. Lin first entered the US from China on December 11, 1999, as an arriving alien and immediately applied for an asylum application upon arrival. Her application was denied by an Immigration Judge in New York and she was ordered for removal from the US. Ms. Lin tried to apply for appeal, but the Board of Immigration Appeals (BIA) dismissed it.
Since then, Ms. Lin married Mr. Sun Qi Jiang (a naturalized US citizen since 2015), and together they have three children. Their son, K.J. (born 2009), was unfortunately diagnosed with Autism Spectrum Disorder in January 2016, so K.J. requires extra care and attention from both parents.
There has yet to be a response from the USCIS regarding Ms. Lin's application, and no interview has been scheduled for her. It is important to note that as an arriving alien, the USCIS has complete and unquestionable jurisdiction over applications such as the one Ms. Lin filed. If USCIS does not perform their duties owed to Ms. Lin within a reasonable period of time and ICE keeps their promise in removing Ms. Lin from the United States, a family will be forcibly separated.
Attorney Edward J. Cuccia, who is currently working on this case with Ms. Lin, recently filed a lawsuit against the USCIS Kansas District Office. This lawsuit is meant to speed up the process of Ms. Lin’s application. A morally innocent person, with a family to care for, is at risk of suffering extreme hardships if the USCIS does not handle the matter at hand at the rate they are supposed to.