LAWSUIT PROSPECTUS:

LAWSUIT OBJECTIVE:

Our primary objective is accelerating the final adjudications of visa applications for our clients.

Under the instructions of Congress in 8 U.S.C. §1202(b), the State Department must allow immigrant visa applicants, before their interviews, to furnish the necessary information for consular officers to make decisions. However, State Department policy prevents visa applicants from early submission of the DS-5535, Supplemental Questions for Visa Applicants.

In this group lawsuit, will argue this State Department policy, the DS-5535 Scheme, is contrary to law, and that this policy is responsible for unreasonable, and thus, unlawful, delays that have prejudiced our Iranian visa applicant clients.

WHAT PARTICIPATION INCLUDES:

Participants will be named plaintiffs in a group lawsuit filed on DECEMBER 29, 2023, challenging the legality of the above-described DS-5535 Scheme, and the unreasonable delays it has caused. 

Further, if the government Defendants decide to fight back with a motion to dismiss, Attorney will continue their representation by opposing that motion to dismiss, and (if required), attending oral arguments on the motion. (Recently, several judges across the US have sympathized with immigrant plaintiffs and denied the government’s motions to dismiss. See: Curtis’ blog.)

Further, the Attorney, with help from paralegals will provide consular processing support and guidance to named plaintiffs for the remainder of their immigrant visa journeys.

ATTORNEY: 

CURTIS LEE MORRISON

RED EAGLE LAW, L.C.

COURT: 

TO BE DETERMINED BASED UPON WHERE PARTICIPATING PETITIONERS RESIDE.

DEFENDANTS:

ANTONY J. BLINKEN, in his official capacity as U.S. Secretary of State 

JULIE M. STUFFT, in her official capacity as Acting Deputy Assistant Secretary and Managing Director for Visa Services

Bureau of Consular Affairs

DEADLINE TO PARTICIPATE:

DECEMBER 22, 2023

FILING DATE: 

DECEMBER 29, 2023

REQUIREMENTS TO PARTICIPATE:

1) Petitioners Plaintiffs must have submitted a family-based immigration petition approved by USCIS for Beneficiary(s) who later attended immigrant visa interviews and were instructed only afterward to complete and return the DS-5535.

2) The interview must have occurred at least 6 months before we filed the complaint- so on June 29, 2023 or before.

3) For F2A applications that have faced recent retrogression only: the petition’s Priority Date must be coming current in the December Visa Bulletin (meaning the I-130 must have been submitted prior to February 8, 2019).

FEE TO PARTICIPATE:

  
The upfront fee per family is $500 to start the representation. The final payment, deferred as a courtesy upon visa beneficiary clients' arrival in the USA, will be $500. If there is no entry into the USA, the final payment is waived.

DISCLOSURES:

1) The client understands that there are no guarantees as to the outcome of litigation.
2) The client understands that the government will never disclose when a visa is approved due to attorney’s efforts. If the client’s visa is issued BEFORE the lawsuit is filed, then no fees will be due to attorney. If a visa is issued AFTER the lawsuit is filed, regardless of whether an order has been issued in the lawsuit, attorney fees become due. This includes when visas are issued immediately after filing of the lawsuit as well as when clients must wait longer for visas.
3) The client understands that participating in a lawsuit sometimes means public disclosure of private facts. For example, a Google search of the client’s name could bring up a record of the lawsuit on websites such as pacermonitor.com or courtlistener.com.
4) There will be multiple participants in the lawsuit, and attorney will need to prioritize the interests of the whole.

5) Attorney does not have professional liability insurance. (California law requires that attorneys who do not have that insurance disclose that they do not carry that insurance.)

6) The client understands that the attorney may have other attorneys and paralegals with Red Eagle Law, L.C. perform work related to the representation. Also, the attorney may include other attorneys who are not with Red Eagle Law, L.C. to also aid in the representation.