State of Washington, et al v. Donald J. Trump, et al

Filing 91

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by American Immigration Council, National Immigration Project of the National Lawyers Guild, Northwest Immigrant Rights Project, Human Rights First, KIND (Kids in Need of Defense), and Tahirih Justice Center. Date of service: 02/06/2017. [10304762] [17-35105]--[COURT UPDATE: Attached exhibits (originally submitted in entry [92]), resent notice. 02/07/2017 by LA] (Mincer, Jonathan) [Entered: 02/06/2017 11:59 PM]

EXHIBIT A

Honorable James L. Robart
2
3
4

5
6
7

8

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

9
10

II
12
13

Juweiya Abdiaziz ALI; A.F.A., a minor; Reema Case No.: 2: 17-cv-00135-JLR
Khaled DAHMAN; G.E., a minor; Ahmed
Mohammed Ahmed ALI; E.A., a minor; on
behalf of themselves as individuals and on
DECLARATION OF ABDELRAZIQ
behalf of others similarly situated,
ADAM IN SUPPORT OF PLAINTIFFS
Plaintiffs,

14
15

16
17

18
19
20

21

22

v.
Donald TRUMP, President ofthe United States
of America; U.S. DEPARTMENT OF STATE;
Tom SHANNON, Acting Secretary of State;
U.S. DEPARTMENT OF HOMELAND
SECURITY; John F. KELLY, Secretary of
Homeland Security; U.S. CITIZENSHIP AND
IMMIGRATION SERVICES; Lori
SCIALABBA, Acting Director ofUSCIS;
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; Michael DEMPSEY, Acting
Director ofNational Intelligence,

23

Defendants.
24
25

26
27

28
DECLARATION OF
ABDELRAZIQ ADAM
Case No.2: 17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT

-0

615 Second Ave., Ste. 400
Seattle, W A 98104
206-957-8611

I, Abdelraziq Adam, declare under penalty of perjury as follows:
2

1.

I am a United States (U.S.) citizen and I live in Burien, Washington State. I am a

3

University of Washington (UW) Alumni, and current UW student earning a Post Baccalaureate
4

in Accounting.
5

6
7

8

9
10

2.

I was born in Sudan, and I came to the U.S. when I was about 20 years old. I became a

U.S. citizen in around 2012. When I moved to the U.S., I had no family, and my English skills
were very limited. I worked in warehouses and assembly production lines, and I was able to
attend Highline Community College in the evening. I did successfully complete my Associate of
Arts perquisites and then transferred to UW. During my academic career, I did encounter many

II

hardships; my mother passed away, and two years later my father passed away. Yet, I have been

12

part of Washington State communities. I volunteered for middle schools for two quarters and

13

help students in various subjects. I also helped many high school students through UW Dream

14

Project; I recall helping students with their personal statement letters, scholarship applications

15

and the process of college admission. Moreover, I did take advantage of my Accounting skills

16

and helped low income communities to file their tax returns. Furthermore, I volunteered six

17

month for Washington State Attorney General's Office in the Consumer Protection Division.

18

These are few of the activities that I participated in during my academic career.

19

3.

20

May 3, 2013. During our relationship, I did visit my wife three times, and the last time I visited

21

22
23
24

25

My wife's name is Alya Ahmed, and she is from Sudan. We have been married since

her was in March 2016.

4.

In June 2014, I did submit form I-130 petition, and the United States Citizenship and

Immigration Services (USCIS) approved my wife's petition. I paid the required fees for my
wife's consular process on February 27, 2015.
5.

My wife had an interview in November 2015, but the Consulate thought that we were

26

first cousins, and they returned to USCIS for review. However, the USCIS found no evidence
27

that we were first cousins. Therefore, the USCIS reaffirmed my wife's petition, and they
28
DECLARATION OF
ABDELRAZIQ ADAM
Case No. 2:17-cv-00135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT

- .I

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

forwarded to the National Visa Center (NYC).
2

6.

On January 24, 2017, the NYC notified me by mail that they completed the review, and

3

they were forwarding my wife's case to the U.S. Consulate in Khartoum. The process of my
4

wife's case has taken over two years, and as a result of President Trump's executive order that
5

banned all Sudanese visas for at least 90 days, the U.S. Consulate in Sudan refuses to issue a visa
6

7
8
9

to my wife even though all the documents have been submitted, reviewed and approved. The
case status of my wife with the NYC now says it's under administrative processing, updated
January 30, 2017.
I have not seen my wife since March 2016, and this executive order has at least two

IO

7.

II

irreparable impacts on our lives:

I2

8.

I3

trouble sleeping well because I worried what would happen to my wife. In addition, as a citizen,

14

I am concern about my constitutional rights because this executive order is discriminatory. My

15

wife lives alone in Sudan, and she does not know what would happen to her. Since my parents

16

passed away and had no chance to attend any of my graduations, I was hoping my wife could

17

attend this lifetime opportunity.

I8

9.

19

expenses to wife, and I do budget about $550 monthly to support her. The Consulate already

20

consumed one year suspecting that we were first cousins, and I did spend about $7,000 during

21

that time supporting my wife. I also spent $1,500 for airfares when I went to visit her in March

22
23
24

First, I am on my final quarter to graduate, and I cannot focus on my studies. I also have

Second, I am financially responsible to pay a rent here and in Sudan and other living

2016 after the Consulate returned her application to USCIS for review. Consequently, this
executive order is causing more trauma, anxiety and financial hardship to me and my wife.
10.

I would like my wife to come to the U.S. because this is my home. We would like to

25

settle together and help each other as a family. Even though I did visit my wife three times
26

during our marriage, we have been a part for about three and half years because those visits were
27

for a short period oftime; I had to return to U.S. to continue my studies. As I mentioned above,
28
DECLARATION OF
ABDELRAZIQ ADAM
Case No. 2:17-cv-OOI35-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT

-2

615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

my parents passed away, and my wife is half and or part ofmy life. We did not marry to live
2

across continents and have a relationship from far distance. Therefore, I ask this court to issue
3

court order to allow U.S. Consulate in Khartoum, Sudan to resume issuance of my wife's visa
4

immediately. Thank you.
5
6

7
8

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct to the best of my information, knowledge or belief.

9

IO

Executed on this 2nd day ofFebruary, 2017, in Seattle, Washington State

II
I2
13
I4

I5
I6
I7
I8

I9
20
2I

22

23
24

25

26
27

28
DECLARATION OF
ABDELRAZIQ ADAM

Case No.2: I7-cv-OOI35-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT

-3

615 Second Ave., Ste. 400
Seattle, WA 981 04
206-957-8611