             No. 09-10742


FEI BIAN,

                                            Plaintiff - Appellant

v.

HILLARY CLINTON, Secretary of the United States Department of State;
JANET A NAPOLITANO, Secretary, Department of Homeland Security;
JONATHAN SCHARFEN, Acting Director of the United States Citizenship and
Immigration Services; DAVID ROARK, Director of the USCIS Texas Service
Center; ERIC H HOLDER, JR, U S Attorney General

                        September 2005, she filed an I-485
application with USCIS seeking adjustment of immigration status. Her visa
priority date is September 29, 2005, and her visa category is Employment-Based
Category 2 (EB-2) with Chinese chargeability.       Bian alleges that she had
complied with all I-485 application requirements, but that her application was
still pending in September 2008, more than three years after she had submitted
it to the USCIS. After making numerous unsuccessful inquiries into the status
of her application, Bian, proceeding pro se, filed suit seeking declaratory and
injunctive relief to compel the USCIS to adjudicate her application.
      The defendants concede that Bian is eligible for an adjustment of status,
but they urge that they were unable to approve her application because there
have been no visa numbers