New DV-2022 Lawsuit for selectees from Iran

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New lawsuit for DV-2022 selectees

from Iran assigned to U.S. Embassy in Abu Dhabi

ENGLISH

پارسی

Case Prospectus

DV-2022 Lawsuit for selectees from Iran assigned to U.S. Embassy in Abu Dhabi

This lawsuit is an opportunity for Iranian DV-2022 selectees who chose US Embassy Abu Dhabi on their DS-260 and have not yet been scheduled for an interview. We will challenge the State Department’s discriminatory and unlawful withholding of adjudications of Iranian DV-2022 immigrant visa applications at the US Embassy Abu Dhabi.


We will be filing this lawsuit in the U.S. District Court for the District of Columbia. 


Defendants will be US Secretary of State Antony Blinken, KCC Director Morgan Miles, and US Embassy Abu Dhabi Chargé d’Affaires Sean Murphy.


Important Dates:


Deadline to participate: Monday, August 15, 2022, 11:59 PM PST (firm deadline)

Filing date for complaint: (on or about) Monday, August 22, 2022


To participate in this lawsuit, Iranian DV-2022 selectees:


(1) must have completed and submitted their DS-260 application, 

(2) must have chosen US Embassy Abu Dhabi as their interview location,

(3) must not have been scheduled for an interview for their DV-2022 application.


Cost to Participate:


The attorney fee to participate as plaintiffs in the lawsuit is $2,000 for each DV-2022 selectee. This fee includes the cost of participation of all derivative beneficiaries regardless of family size. 


The terms by which the attorney fees are payable are as follows: the initial payment for participating will be $500, and the remainder of $1,500 will be entirely due upon the issuance of a Diversity Visa to the DV-2022 selectee.

Frequently Asked Questions

Answer: Yes, because the claims will not overlap. This lawsuit challenges a different barrier than UAO v Biden. We will automatically add eligible UAO v Biden Plaintiffs to this case, so you do not need to register. You will be bound to the same terms under our pre-existing retainer agreement with no additional charges.
Note: the government may argue that claims overlap between this lawsuit and UAO v Biden, and in the event the government prevailed, the court in the new case would likely dismiss your claims. 


Answer: Yes.


Answer: Yes. When we file a mandamus lawsuit, there are 2 ways the lawsuit could lead to the issuances of visas: State Department adjudicates the visa applications, so we dismiss the lawsuit, or the Judge orders State Department to adjudicate the visa applications. In either case, the selectee is responsible for paying attorney fees if the selectee is issued a visa.


Answer: No. 


Answer: The purpose of this lawsuit is to get State Department to adjudicate the visa applications for named plaintiffs who are Iranian DV-2022 selectees waiting on US Embassy Abu Dhabi interviews.


Answer: We will challenge the legality of the arbitrary and capricious policy of withholding immigrant visa interviews for Iranian DV-2022 selectees at the US Embassy Abu Dhabi. We know from a July 22, 2022 declaration in our Tesfaye v Blinken lawsuitthat nationality should not be a factor in the scheduling sequence.


Answer: We will ask the Court to order the State Department, KCC, and US Embassy Abu Dhabi to schedule immigrant visa interviews for our named plaintiffs.


Answer: The deadline for joining the lawsuit is August 15, 2022, at 11:59 PM PST (California time). That deadline is concrete and will not be extended under any circumstances. However, please remember 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 tries to join on August 15th, we will have less time to prepare the best possible complaint. We appreciate all those who choose to participate early. 


Answer: Yes, but understand that is only possible if the congressionally-allotted 54,850 visas are not exhausted. 


Answer: No. We will not be assigning designated paralegals for each client. 


Answer: No. We will not be assigning designated paralegals for each client. We will provide general guidance and do all we can to keep you informed along the journey. 


Answer: While we prefer prompt payments, we understand that circumstances may prevent you from paying immediately upon issuance. If you cannot pay at issuance, contact us, and we will work out a reasonable schedule with you at that time. A frequent payment arrangement that we make for the remaining balance is monthly installments of $250/month with the first payment due 30 days after entry.


Answer: No.


Answer: The fee for all families is the same. We only charge the DV selectee. We are not charging an extra fee for derivative spouse or children.


Answer: Absolutely NOT. No litigation is ever guaranteed. 


Answer: It is unclear. We saw many of our DV-2020 clients, plaintiffs in the Mohammed and Fonjong lawsuits, with high case numbers issued visas in September 2020. Further, thousands of our Goodluck v Biden DV-2021 plaintiffs are still waiting to see if they could benefit from reserved visas while the DV-2021 journeys for most non-plaintiffs are over. The only way to find out is to try.


Answer: Yes, when you will sign a retainer agreement, you sign a legally binding contract. You promise to pay the remaining balance when you are issued a Diversity Visa. The attorney fees due under our retainer agreement are not contingent upon the issuance of a judicial order. The fees due are contingent only upon the issuance of a Diversity Visa to the DV selectee. Any belief that the visa was issued for any other reason does not change your obligation to pay the remaining fees.

To reiterate, if the State Department issues you a Diversity Visa for FY-2022, you must pay the remainder of the attorney fees.


Answer: That is not the plan.


Answer: No.


Answer: No.  


Answer: No.


Answer: We will accept credit cards, debit cards, bank wire/transfer, Western Union (“Make Payment” only- not “Send Money”), and Zelle. You will find detailed payment instructions during onboarding. 


FOR QUESTIONS NOT ANSWERED ABOVE, CONTACT US:

ENGLISH: 

Curtis Lee Morrison - +1-714-661-3446; http://wa.me/17146613446; http://telegram.im/@curtisatlaw 


FARSI: 

Farshad: https://wa.me/18595509377; https://telegram.im/@Farshad_Amirkhani

Amir: https://telegram.im/@amir_morrison_urena; https://wa.me/13104006058 

Jonathan: https://wa.me/13106661180

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