Date: 10-18-2024

Case Style:

Fowziya Weheliye v. United States Citizenship and Immigration Service

Case Number: 2:23-cv-00275

Judge: John A. Woodcock, Jr.

Court: United States District Court for the District of Maine (Cumberland County)

Plaintiff's Attorney:

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Defendant's Attorney: Andrew K. Lizotte

Description:

Portland, Maine immigration lawyer represented the Plaintiff.

1. Plaintiff Fowziya Weheliye (“Ms. Weheliye”), who came to the United States as a
refugee fleeing violence and persecution in Somalia, files this lawsuit seeking a final decision on
her family reunification application to allow her husband to join her and their four children in the
United States after more than five years of waiting.

2. In June 2018, soon after arriving in the United States as a refugee, Ms. Weheliye
initiated the family reunification process by filing a Form I-730 petition for her husband, Mr.
Bashir Ahmed Awale (“Mr. Awale”), from whom she had been separated in the course of fleeing
danger.

3. Under the Refugee Act, refugees like Ms. Weheliye can apply for their spouse to
join them in the United States through the “follow-to-join” family reunification process.

4. The government must admit Ms. Weheliye’s husband to the United States, so long
as she establishes their marital relationship and Mr. Awale is found to be admissible under U.S.
immigration laws.

5. More than five years have passed since filing the application, but Ms. Weheliye
and her children are still waiting to reunite with Mr. Awale.

6. In August 2020, Ms. Weheliye responded to a request from the United States
Citizenship & Immigration Services (“USCIS”) for additional evidence of their familial
relationship even though the evidence Ms. Weheliye submitted with her application was
sufficient under USCIS policy.

7. Since arriving in the United States, Ms. Weheliye has been alone to raise the
couple’s four children, who have significant health issues, including their daughter who has a
history of extreme asthma and allergies and is routinely hospitalized as a result.

8. As a single mother tending to four children with varying degrees of medical
issues, Ms. Weheliye is unable to work full-time and struggles to make ends meet.

9. Ms. Weheliye’s reunification with her husband would relieve her and her children
of the emotional, mental, and financial anguish they suffer from Defendants’ failure to complete
processing on her family reunification application.

* * *

Outcome: Notice of Voluntary Dismissal by FOWZIYA WEHELIYE (AKAY ALP, MEVLUDE) (Entered: 10/18/2024)

Plaintiff's Experts:

Defendant's Experts:

Comments: