Green Card Relief as Federal Judge Orders USCIS to Resume Processing

A federal judge in Ohio has ordered US immigration authorities to resume processing immigration benefit applications that had been put on hold, ruling that officials cannot leave eligible cases unresolved indefinitely.

US District Judge Algenon L. Marbley issued the injunction after 25 immigrants sued the US Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). The plaintiffs, who are from countries including Burma, Iran, Nigeria, Syria, Tanzania, Venezuela and Canada, argued that their applications for green cards, work permits and other immigration benefits had been delayed under policies linked to President Donald Trump's expanded travel restrictions.

Judge Marbley found that USCIS does not have the authority to suspend applications indefinitely when applicants are lawfully living in the United States and have met the required legal conditions. He said the agency must decide these cases instead of leaving them pending without resolution.

In his ruling, Marbley highlighted the impact of the delays on the applicants, who include pharmacists, nurses, researchers, academics and families raising children in the United States. He rejected the administration's argument that national security concerns justified the delays, saying that such claims do not apply to foreign nationals who are legally present in the country and are following the government's immigration procedures. 

He also said national security cannot be used as a broad justification to avoid judicial review. The decision follows a similar ruling last month by a federal judge in Rhode Island, who found that USCIS had likely exceeded its legal authority by freezing decisions on green card, citizenship and asylum applications. 

In both cases, the courts concluded that the government may not impose broad delays based only on an applicant's nationality. Critics argue that the administration has effectively extended travel restrictions to immigrants already living legally in the United States, leaving many uncertain about their future.

The delays have had significant consequences for many applicants. Waiting longer for a green card can affect employment, delay family reunification and limit international travel. 

Marbley's order requires USCIS to resume processing pending permanent residency applications (Form I-485), travel document requests (Form I-131) and employment authorisation applications (Form I-765). The agency must issue decisions on employment authorisation requests within 30 days. 

The ruling does not require applications to be approved, but it does require them to be processed under existing immigration law.