Group Lawsuit for U.S. Citizens Whose Form I-130 Petitions for Immediate Relatives Remain Unadjudicated, Including a Possible Motion for Preliminary Injunction for Beneficiaries in Removal Proceedings

We are offering a group lawsuit for U.S. citizens whose Form I-130 (Petition for Alien Relative) for an immediate relative remains unadjudicated by U.S. Citizenship and Immigration Services (USCIS) long after filing. Immediate relatives are the spouses, unmarried children under 21, and parents of U.S. citizens; to petition for a parent, the U.S. citizen must be at least 21.

Immediate relatives are not subject to the annual numerical limits that create years-long visa backlogs in the other family categories. There is no visa line to wait in. The only thing standing between these families and the next step is a decision from USCIS on the petition itself.

Congress has said that "the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application." 8 U.S.C. § 1571(b).

Our lawsuit asks a federal court to compel USCIS to adjudicate each plaintiff's long-delayed I-130 petition within a set time. For beneficiaries who are in removal proceedings, we may also file a motion for preliminary injunction asking the court to order an earlier decision.

This is a named-plaintiff group lawsuit, not a class action. Every participant is a named plaintiff, and the relief we seek runs directly to each plaintiff's petition.

Frequently Asked Questions

• Who counts as an immediate relative?▶
  Under federal immigration law, immediate relatives are the spouses, children, and parents of U.S. citizens, and to petition for a parent the U.S. citizen must be at least 21 years old. 8 U.S.C. § 1151(b)(2)(A)(i). A "child" for this purpose is an unmarried person under 21 who meets the statute's definition. 8 U.S.C. § 1101(b)(1).
• I am a green card holder, or I petitioned for a married son, an adult son or daughter, or a sibling. Can I participate?▶
  No. This lawsuit is limited to I-130 petitions filed by U.S. citizens for immediate relatives. Petitions in the family preference categories are subject to annual visa limits and raise different issues, so they are not included in this group.
• Why should USCIS have decided my petition by now?▶
  Immediate relatives are not subject to annual numerical limits, so there is no visa backlog that requires the petition to wait. Congress has stated that immigration benefit applications should be processed within 180 days of filing. 8 U.S.C. § 1571(b). When a petition sits far longer than that with no decision, a federal court can be asked to order USCIS to act.
• What solution does this lawsuit seek?▶
  We ask the court to compel USCIS to adjudicate each plaintiff's Form I-130 within 30 days of the court's order.
• Can a lawsuit force USCIS to approve my petition?▶
  No. The lawsuit asks the court to order USCIS to make a decision. It cannot require an approval. USCIS still decides each petition on its merits, so if a petition has problems, a faster decision could also be a faster denial. If you have concerns about your petition, discuss them with your immigration attorney before joining.
• My relative is in removal proceedings. Is there anything different for us?▶
  Possibly. For beneficiaries in removal proceedings, we may file a motion for preliminary injunction asking the court to order an earlier decision. A preliminary injunction requires showing irreparable harm, and a pending removal case can make that harm concrete in a way an ordinary wait does not. Whether we file the motion, and for which plaintiffs, will depend on the facts of each case. Only plaintiffs whose relative is in removal proceedings are eligible for the motion, and it is included in the attorney fee.
• My relative lives outside the United States. Can I participate?▶
  Yes. The lawsuit concerns USCIS's decision on the I-130. After approval, the case moves to the National Visa Center and a U.S. consulate abroad, and those later stages are not part of this lawsuit.
• Can the government ask the court to split up the group?▶
  Yes. In group delay lawsuits, the government often argues that the plaintiffs should not be joined in one case and should be severed into separate lawsuits. We have structured this lawsuit with that argument in mind, but no court ruling is guaranteed. If the court severs the plaintiffs into separate cases, our representation ends.
• How long will the lawsuit take?▶
  Federal litigation can take many months. Some petitions are decided soon after a lawsuit is filed. If USCIS does not act, the case may proceed through a motion to dismiss and then summary judgment. The attorney fee covers all stages of the lawsuit.
• Where will this lawsuit be filed?▶
  We will decide on the court venue after plaintiffs are signed on to the case, based on factors like where the plaintiffs' petitions are being processed, where the plaintiffs are domiciled, and the latest rulings in similar litigation.
• Will you act as G-28 Attorney and communicate with USCIS about my case?▶
  No. Representation will be limited to court proceedings.
• What are the attorney fees for a family?▶
  The fee for all families is the same: $3,400. We do not charge extra for additional family members with pending immediate relative I-130 petitions filed by the same U.S. citizen petitioner.
• Is this litigation guaranteed to win?▶
  No. No litigation is ever guaranteed to win.
• What is the refund policy?▶
  If a participant asks to be removed up to 24 hours before the filing of the lawsuit, we will refund the attorney fees less $210 for administrative fees. There are no refunds once the lawsuit has been filed.

For Questions Not Answered Above