Group Lawsuit for Iranian EB applicants stuck in AP

Red Eagle Law, L.C.
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Red Eagle Law, L.C.
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  • Iranian EB AP

CASE PROSPECTUS:

Group Lawsuit for Iranian EB Visa Applicants  

Stuck in AP to Challenge Trump’s Travel Ban 

IN ENGLISH
IN FARSI

This group lawsuit is an opportunity for Iranian Employment Based visa applicants to challenge:


(1) their unreasonable delays in Administrative Processing (“AP”), and  

(2) the legality of Trump’s June 4, 2025 Travel ban (“PP 10949”) which became effective on June 9, 2025. 


We will be filing this lawsuit in a U.S. District Court to be determined by attorney.


Important Dates:


Deadline to participate:  Friday, November 28, 2025, 11:59 PST 

Filing date for complaint:  (On or about) Monday, December 15, 2025 


To participate in this lawsuit, the Iranian Visa Applicant must: 


(1) be in an Employment Based visa category (EB1, EB2, EB2-NIW, or EB3), and 

(2) have attended an immigrant visa interview prior to Sunday, June 8, 2025. (6 months or more before we file the lawsuit). 


Important disclosures: 


1) It is preferred that participants are member of ethnic or religious minorities, and thus, eligible for a minority exception under PP 10949. That is because accelerating visa adjudications of ethnic or religious minorities could result in visa issuances with the “Excepted from the Proclamation” that would allow them to enter the US.


2) Of the two judges to weigh in our challenges to PP 10949 so far, both found PP 10949 to be lawful as an entry ban, but not as a visa issuance ban. (The text of 8 U.S. Code § 1182(f) only gives the president the authority to suspend entry.)

In the first of those two challenges, Thein v Trump (a group lawsuit for Diversity Visa applicants), many Iranian plaintiffs were issued visas. Some with notations that indicated that they were “Subject to the Proclamation,” but many with notations that indicated that they were “Excepted from the Proclamation” because consular officers found them eligible for minority exceptions.    


3) We are offering this group lawsuit because we believe in helping people fight for what they want, and we will fight hard to advocate for you. But we also want to be transparent: while we are hopeful and committed, we cannot promise success. A lawsuit involves uncertainty, and court decisions are ultimately beyond our control.


Further, it is important for participants to understand that litigation takes time. It would not be realistic to expect the lawsuit to have a positive outcome within the first few months. Very often lawsuits challenging government policies take a year or even longer to reach the stage where plaintiffs see an outcome.


Cost to Participate 

The attorney fee to participate as plaintiffs in the lawsuit will be $4,000 for each Employment Based category primary visa applicant. The terms will be $2,000 initial payment, and the remaining $2,000 payment will be deferred until the primary visa applicant enters the US. 

This fee includes the cost of participation of all derivative beneficiaries regardless of family size.  


How to participate: 

Onboarding for this lawsuit is automated. Visit this link to get started: 

Deadline TO SIGN UP

WEDNESDAY, NOVEMBER 26, 2025, 11:59 PST

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Register Here

Frequently Asked Questions

No. Only Employment Based Category Visa Applicants (EB1, EB2, EB2-NIW, or EB3) are eligible to participate in this lawsuit.   


We will be challenging the ban as unlawful under the nondelegation doctrine. We also will be challenging the implementation of the ban as unlawful, as INA §212(f) only gives the president the authority to issue an entry ban, and not a visa issuance ban. Finally, we will be challenging the delays in AP as unreasonable, and thus, unlawful.


We will ask the court to enjoin, or cancel, the travel ban as it is applied to our participating plaintiffs, and to accelerate the decisions on their visa applications.  
However, benefits of lawsuit could include the State Department checking the plaintiffs’ applications to make sure they are being processed correctly, and the possibility that the State Department decides to accelerate security vetting for one or more plaintiffs in order to either impress the judge moot the lawsuit. 


The deadline for joining the lawsuit is Wednesday, November 26, 2025, 11:59 PST (California time). That deadline is in concrete and will not be extended under any circumstances. However, please keep in mind that the earlier plaintiffs join the lawsuit, the better we can integrate our plaintiffs’ facts into our arguments, which will result in a stronger and more convincing complaint. If everyone joins at the last minute, we will have less time, to prepare the best possible complaint. Time is of the essence, and we appreciate all those who choose to participate early.  


We have not decided yet. We will decide after all plaintiffs are onboarded, because only then we will know what our options are.


The assignment of our judge is unknown and will remain unknown until after the lawsuit is filed.  Also, judge assignments may change more than once in the initial weeks of the case, before being finally assigned to a judge who will preside over the case to conclusion.
If we file the lawsuit in a court district where there is already a similar lawsuit filed, there is a good chance that our lawsuit will be assigned to the same judge as the first lawsuit.  


No. Representation will not include consular processing support. 


The fee for all families is the same. We only charge for the Primary Visa Applicant. We do not charge extra fee for derivative spouse or children. 


No. No lawsuit is ever guaranteed. Plus, that is not our true goal. Our true goal will always be the issuance of visas to our clients, and their entry into the US.  


We currently do not plan or expect to file a motion for class certification in this lawsuit. However, if the judge suggests it, or the judge is hesitant to give relief because it is not a class action lawsuit, we will revisit that issue. 


FOR QUESTIONS NOT ANSWERED ABOVE, CONTACT US:  

ENGLISH

Curtis Lee Morrison 

Telegram: https://telegram.im/@curtisatlaw 

Whatsapp: https://wa.me/17146613446 

  

FARSI:  

Farshad: https://wa.me/18595509377

https://telegram.im/@Farshad_Amirkhani


Red Eagle Law, LC

5256 S. Mission Road, Suite 135

Bonsall, CA 92003

Free Consultation 858-343-2422

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