by TChris

An Amish Canadian who married an American citizen would like to live with his wife in the United States. His wife petitioned the government for his permanent residency, but there's a hitch: the Immigration and Naturalization Service told the couple they would have to submit their photographs to the government.

The man and his wife are Old Order Amish. They believe the Bible's prohibition of graven images applies to photographs, so they can't allow the INS to take their pictures. The INS response: no photos, no residency. The INS denied the petition. The man and his wife -- identifying themselves as John and Jane Doe -- are suing.

"Similar objections — and requests for religious exemptions — to photograph requirements routinely have been honored in the past. ... Jane Doe's petition would have been approved but for her refusal on religious grounds to submit a photograph of herself," the lawsuit alleges.

The suit asks the court to hold that the rule requiring photographs to be submitted with a residency petition is unconstitutional as applied to the Amish, and to allow John Doe to return to the United States as a permanent resident. A hearing on John Doe's removal is set for April 21, but his attorney is asking that the removal proceeding be stayed until his lawsuit is decided.