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]

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EXHIBIT D l 1IonorahJe James L. Robart ... 6 7 8 lJ~lTfD STATF~ DI lRlCfCOURT FOR Tl IE \\"1 "' II RN DI TRICT OF W~-\SHINGTOl\.1 Al "' fATILL 10 JU\\d) a \bdiaziz ALI: A .I .r u tninor~ Rccma Case No : 2.17-cv-00 135-JLR \., 11 h.halcd D. \I li\1. \N: G.E... n n1inor: Ahm.ed ~ tohan1n1~J .\hn1ed ALL E.A .. n n1inor~ on bdlal f of thcn1gcl\ cs ns indh iduab and on bchal f t)f others ~in1ilarly situated. 12 tj Plainti1rs-P~titioners, 14 15 \ 16 17 18 DECLARATIO OF JAFFER .A KllLAQ HU AIN I UPPORT OF PLAI TIFFS ' . ~. DL)nald TRU!\IP. President of the United tatcs oft\n1cric ..1: ll. '. DEPARTl\.1[ TOF Tt\Th: 1on1 . . II ..\ .·. 0:\. Acting ecr\!ta.f) of State: L· .... DEP:\Rl\1F. ·r OF HO IELA~D 19 'FC'LRITY: John F. KFLLY. ecrctar) of Hornclnnd ecurity~ U.S. Clfl7bl\ HIP AND 20 It\ I tiGRA flO ER\'ICE :Lori ."'Cl. \l. ABBA. Acting Director of U CI : OFFICE Of TI IE DIRECTOR OF NATIONAL I ~ ll:.Ll lGl= NCE: !\,tichael DE~lP "EY, Acting Dirt.:ctor of National Intelligence. 21 -J , ... ,_____ -.J ~<; I Defendants-Respondents. I 6 27 DFCl .\R \ T11J', 0! .I \I Fl H .\ . Jlt r ~s \1 t..-1~~ ;\(.l ~:J 7-l'\·OOJJ5-JLR NORTH\\ 1 ~ f lMMlGRANT Rl tlHS PROJECT b 15 .. 1 .. econd A' e. ., tc. 400 \e. ~7 A 9 \(\4 ~06·957~&6\ l 1 L Jaffer Akhlaq Hussain, declare under penalty of perjury as follo\vs: 2 1. I am a United States lawful permanent resident. I live in Parlin. New Jersey. I am 3 4 5 6 7 8 9 employed as a Software Developer specializing in the development and implementation of Microsoft ERP (Enterprise Resource Planning) software. 2. I was born in Karachi, Pakistan on November 3, 1980. and I am now 36 years of age. I came to the United States in August 1999 as an F-1 student to attend the University of Wisconsin. I was awarded the degree of Bachelor of Science in Electrical Engineering in December 2003. I continued my studies at Northeastern University in Boston, Massachusetts. I 10 was awarded the degree of Master of Science in Engineering Management in January 2008. 1 II was granted a change of status to H-1 B on October 1) 2008. My previous employer Fullscope. 12 Inc. sponsored me for pet tnanent residence. My application was approved by USC IS~ and I 13 became a permanent resident of the United States on October 2 2013. 14 3. 15 the degree of Master of Science in Biotechnology. My family and her family are friends, and I 16 have known Fatemeh from childhood. Beginning in 2012, we began to get to know each other 17 better by chatting through Skype and Facebook. We saw each other in person at my sister's 18 wedding in Pakistan. We realized we were strongly attracted to each other. We decided to marry, 19 with the enthusiastic support of both of our families. Fatemeh and I were married in Karachi, 20 Pakistan on January 8, 2015. Both Fatemeh and I are tv1usJims~ and our marriage was celebrated 21 22 23 24 25 I am married to Seyedehfatemeh Hamedani ("Fatemeh..), a citizen of Iran. Fatemeh holds in accord with Muslim traditions. 4. Immediately after our marriage J contacted my immigration lawyer in the United StateCi, and filed an I-130 Immigrant Relative Petition on behalfofFatemeh on April15, 2015 . The petition was approved on November 13.2015, and forwarded to the National Visa Center. The petition could not be processed further at that time due to the limited number of visas available 26 aru1ually to the spouses of U.S. pennanent residents. While we were waiting for visas to become 27 available, Faten1eh continued to live in Iran. We visited as often as possible given the constra\nts 28 DECLARATION Of JAFFER A. HUSSAIN Case No 2: 17-cv-00 135-JLR NORTIIWf:.Sl' IMMIGRANT R1GHT PROJE<..'"T -2 6\ 5 Second Avc.. tc. 400 eau\c. WA 9~ \0·1 206-957-~6 \\ 1 of my employment in the United States. Fatemeh became pregnant with our child. On July 2, 2 3 4 2016 we were greatly blessed with the birth of our son Ermiya Syed. Our son is now se\ en months old. He lives with his mother in Iran. 5. 5 6 7 8 9 Around this same time, priority dates had advanced to the point where we were able to pay our visa application fees, file our DS-260 visa application, and submit our civil documents and Affidavit of Support to the National Visa Center. This required great effort on my part including a trip to Pakistan to obtain a passport for our son, as my son is a citizen of Pakistan under Pakistan law. Eventually, all of the necessary documents were obtained~ and were 10 submitted to the National Visa Center on January 30, 2017. 11 6. 12 2017 Visa Bulletin. This means Fatemeh and Ermiya are now eligible to obtain a visa 13 appointment at the U.S. consulate in Abu Dhabi, obtain their immigrant visas, and proceed to the 14 United States. However, due to the Executive Order issued on January 27, 2017, it is no longer 15 possible for my wife and child to obtain a visa appointment or immigrant visas. 16 7. 17 our son since his birth. There is no practical place for us to live except the United States. It 18 would be very difficult for me to live with my family in 19 I could not own property or bold civil rights of any kind in Iran. There would be limited if any 20 opportunity to pursue my profession in Iran. It would also be very difficult for our family to live 21 in Pakistan. My family are Shia Muslims, which is a minority in Pakistan. My brother was a 22 23 24 2~ On February 1, 2017 Fatemeh's priority date became current according to the February I have been separated from my wife since our marriage, and I have been separated from Iran~ since I am not a citizen of Iran, and member of the National Assembly of Pakistan, and received threats during most of his term. These threats could well extend to myself and my family. Fatemeh wishes to pursue her education in bio-sciences in the United States. We both want our son to receive his education in the United States~ and to becon1e a United States citizen as we wish to do as \veil. All of our 26 plans are now on hold indefinitely because of the travel ban. 27 28 DECLARArJON OF JAFFER A. HUSSAIN Case No. 2: 17-cv-00 135-JLR -3 NORTJIWEST lMMIGRAl\'1' RIGHTS PROJECT 61 5 ccond Ave.... tc. 400 ')eattle, WA981 04 206-957-8611 1 ,., J I declare under penalty of perjury under the lavvs of the United States that the foregoing is true and correct to the best of my infonnation, knowledge, and belief. 4 5 Executed on this 3rd day of February, 2017, in Parlin, New Jersey. 6 7 JAFFER A. HUSSAIN 8 9 10 1I 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JAFfER A. HUSSAIN Ca:se No.2: 17-cv-00 135-JLR NORTHWEST IMMIGRANT RIGHTS PROJECT -4 615 Second A' l:.. te. 400 \ c ~ttle, v.rA 98 I04 206-95 7-8611

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