In this lawsuit we will represent individuals, who have had their K-1 visas either denied or have not been interviewed by the Department of State (DOS) pursuant to the Trump Iran Travel Ban. We believe that DOS violates federal law in not issuing the K-1 visas, and that the Travel Ban itself is a violation of the Equal Protection clause by allowing spouses of US Citizens to immigrate, but not Fiancé’s of US Citizens to do so. We also believe that INA 212(f), which purportedly authorizes the Travel Ban is, itself, an illegal delegation of authority by Congress over power exclusively reserved to Congress. The Nondelegation Doctrine restricts Congress from delegating its legislative powers to other branches of government, particularly the executive branch. While the doctrine restricts delegation, courts have generally upheld delegations of power if Congress provides an “intelligible principle” to guide the agency’s actions. This means that Congress must set clear boundaries and standards for the agency to follow when implementing the law. We do not believe that has happened in the context of INA 212(f).
We seek an order compelling DOS to immediately issue these visas and to DHS to recognize the visas and admit the individuals to the United States. Understand, however, there is no guarantee of success in this case.
This case is being filed by IMMpact Litigation, a joint venture of the law firms Bless Litigation in Boston, Joseph & Hall in Denver, Kuck Baxter in Atlanta and Siskind Susser in Memphis. The firms have some of the most experienced immigration lawyers in the country and have now litigated together in more than 30 mass federal cases. IMMpact received the 2022 American Immigration Lawyers Association Litigation Award and the American Bar Association’s James E. Keane Award for the innovative use of technology in managing our litigation.
Step 1: Review the FAQ to confirm that you qualify to participate and that you understand what the case is about and how the plaintiff fee works.
Step 2: Complete our engagement letter and declaration generator app. This will create an engagement letter (contract) for you to review and sign and will automatically send a copy to our team and to you. It will also tell us more about your situation.
Step 3: Pay your fee here. We are charging $2500.00 per applicant to participate in the case. The fee is a one-time charge, and we will not be billing for additional expenses and legal fees. The fee is due at the outset and is non-refundable once paid. Fees are considered earned on payment, as we will be filing the Complaint once intake has ended and once retained. Payment Policy: We accept credit cards and eChecks only. DO NOT USE A DEBIT CARD — your payment will be voided, and you will not be added as a plaintiff. You are responsible for paying the merchant surcharge fees associated with making a payment and the surcharge fees will not be refunded under any circumstance.
IF YOU ARE A PREEXISTING PLAINTIFF, You will NOT need to pay for this litigation, so please do not pay.
Once you have completed all the above steps, you have signed up!
You’ll receive an automatic email confirmation when we’ve received your engagement letter and declaration. This, and your payment confirmation email, means that you are in our database and will be included in our lawsuit. We will also need you to upload a copy of your visa stamp and the email or letter you received notifying you of the visa revocation. If any information or documents are missing, we will contact you before filing the case. Otherwise, we’ll be in touch with all plaintiffs when we have filed the lawsuit with the court.
In the meantime, please do not contact our team asking for further confirmation that we have received your materials; this slows us down when we’re doing our best to prepare our filing quickly.
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