PHILADELPHIA – An individual is seeking a judgment for a federal agency to make a decision on the immigrant visa petition he filed on behalf of his son.

Jean Boucher filed a complaint on Nov. 9 in the U.S. District Court for the Eastern District of Pennsylvania against Elaine C. Duke, secretary of the Department of Homeland Security; James McCament, director of U.S. Citizenship and Immigration Services (USCIS); and Michael Borgen, district director, U.S. Citizenship and Immigration Services seeking declaratory judgment and petition for writ of mandamus.

According to the complaint, the plaintiff alleges that in 2014, he filed for an application for his son's visa and the petition still remains pending. He alleges that Citizenship and Immigration Services has failed to timely review the case and caused an unreasonable delay.

The plaintiff seeks to declare the refusal by the defendants to adjudicate his alien relative petition to be contrary to the law, order the defendant to issue a decision in this matter within 30 days, court costs and any further relief the court grants. He is represented by Tatiana S. Aristova of Khavinson & Associates PC in Plainsboro, New Jersey.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-05052-JCJ

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