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 D

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1IonorahJe James L. Robart

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lJ~lTfD STATF~

DI lRlCfCOURT
FOR Tl IE \\"1 "' II RN DI TRICT OF W~-\SHINGTOl\.1
Al "' fATILL

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JU\\d) a \bdiaziz ALI: A .I .r u tninor~ Rccma Case No : 2.17-cv-00 135-JLR
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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.

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Plainti1rs-P~titioners,

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DECLARATIO OF
JAFFER .A KllLAQ HU AIN
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UPPORT OF PLAI TIFFS

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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

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'FC'LRITY: John F. KFLLY. ecrctar) of
Hornclnnd ecurity~ U.S. Clfl7bl\ HIP AND

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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.

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Defendants-Respondents.

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L Jaffer Akhlaq Hussain, declare under penalty of perjury as follo\vs:
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I am a United States lawful permanent resident. I live in Parlin. New Jersey. I am

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employed as a Software Developer specializing in the development and implementation of
Microsoft ERP (Enterprise Resource Planning) software.
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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

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was awarded the degree of Master of Science in Engineering Management in January 2008. 1

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was granted a change of status to H-1 B on October 1) 2008. My previous employer Fullscope.

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Inc. sponsored me for pet tnanent residence. My application was approved by USC IS~ and I

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became a permanent resident of the United States on October 2 2013.

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the degree of Master of Science in Biotechnology. My family and her family are friends, and I

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have known Fatemeh from childhood. Beginning in 2012, we began to get to know each other

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better by chatting through Skype and Facebook. We saw each other in person at my sister's

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wedding in Pakistan. We realized we were strongly attracted to each other. We decided to marry,

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with the enthusiastic support of both of our families. Fatemeh and I were married in Karachi,

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Pakistan on January 8, 2015. Both Fatemeh and I are tv1usJims~ and our marriage was celebrated

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I am married to Seyedehfatemeh Hamedani ("Fatemeh..), a citizen of Iran. Fatemeh holds

in accord with Muslim traditions.
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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

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aru1ually to the spouses of U.S. pennanent residents. While we were waiting for visas to become
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available, Faten1eh continued to live in Iran. We visited as often as possible given the constra\nts
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DECLARATION Of
JAFFER A. HUSSAIN
Case No 2: 17-cv-00 135-JLR

NORTIIWf:.Sl' IMMIGRANT R1GHT PROJE<..'"T

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of my employment in the United States. Fatemeh became pregnant with our child. On July 2,
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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.
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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

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submitted to the National Visa Center on January 30, 2017.

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2017 Visa Bulletin. This means Fatemeh and Ermiya are now eligible to obtain a visa

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appointment at the U.S. consulate in Abu Dhabi, obtain their immigrant visas, and proceed to the

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United States. However, due to the Executive Order issued on January 27, 2017, it is no longer

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possible for my wife and child to obtain a visa appointment or immigrant visas.

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our son since his birth. There is no practical place for us to live except the United States. It

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would be very difficult for me to live with my family in

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I could not own property or bold civil rights of any kind in Iran. There would be limited if any

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opportunity to pursue my profession in Iran. It would also be very difficult for our family to live

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in Pakistan. My family are Shia Muslims, which is a minority in Pakistan. My brother was a

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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

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plans are now on hold indefinitely because of the travel ban.
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DECLARArJON OF
JAFFER A. HUSSAIN
Case No. 2: 17-cv-00 135-JLR

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NORTJIWEST lMMIGRAl\'1' RIGHTS PROJECT
61 5 ccond Ave.... tc. 400
')eattle, WA981 04
206-957-8611

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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.

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Executed on this 3rd day of February, 2017, in Parlin, New Jersey.

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JAFFER A. HUSSAIN
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DECLARATION OF
JAFfER A. HUSSAIN
Ca:se No.2: 17-cv-00 135-JLR

NORTHWEST IMMIGRANT RIGHTS PROJECT

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