We will be filing this lawsuit in the U.S. District Court for the District of Columbia.
Important Dates:
Deadline to participate: December 13, 2021, 11:59 PST
Filing date for complaint: December 20, 2021
These are firm deadlines, as we aim to have a hearing scheduled on our forthcoming motion for summary judgment by mid-February.
To participate in this lawsuit, DV-2022 selectees must:
(1) have completed and submitted their DS-260, and
(2) not be named plaintiffs in any other litigation concerning their DV-2022 application.
Cost to Participate:
The attorney fee to participate as plaintiffs in the lawsuit will be $1,500 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:
(1) initial payment to participate will be $500, and
(2) the remainder of $1,000 will be fully due upon the DV selectee’s entry into the US.
How to participate:
Onboarding for this lawsuit is automated. Visit this link to get started:
https://morrisonurena.com/dv-2022
Frequently Asked Questions:
- To participate, must I have submitted all my documents to KCC?
Answer: No, but you must have submitted the DS-260. (We do recommend that our clients submit documents to KCC before they are requested.)
- If I participate in this lawsuit, but I later believe that my visa was issued without any assistance from the lawsuit, do I still need to pay the attorney fees?
Answer: Yes.
- Are DV-2020 or DV-2021 selectees or visa applicants from any other visa category eligible to participate in this lawsuit?
Answer: No. Only DV-2022 selectees are eligible to participate. (If you were selected for a prior year, and DV-2022, you can participate but only for the DV-2022 application.)
- What is the purpose of this lawsuit?
Answer: The purpose of this lawsuit, as with all of our lawsuits, is to get your visas issued! This is important, because all plaintiffs must join the lawsuit with the understanding that the purpose is not “to win the lawsuit” in the traditional sense. For example, if the government decides that they would prefer not to fight us and instead issue visas to make the lawsuit moot, that is considered a success because we achieved our ultimate goal of getting your visas issued.
- What is the legal basis for this lawsuit?
Answer: We will be challenging the legality of Tiered Approach Visa Prioritization Scheme as applied to our DV-2022 plaintiffs, similar to what we did in Goodluck v Biden for our DV-2021 clients.
- What solutions does this lawsuit seek?
Answer: We want the State Department, KCC, and embassies to stop using the Tiered Approach Visa Prioritization Scheme as a barrier for our DV-2022 clients.
- What is the deadline to join this lawsuit?
Answer: The deadline for joining the lawsuit is December 13 at 11:59 PM 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 on December 13, 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.
- Where will this Litigation be filed ?
Answer: This litigation will be filed in the U.S. District Court for the District of Columbia. Note: there is no guarantee as to which judge we will be assigned. The assignment of our judge is unknown and will remain unknown until after the case is filed. Based on our experience with related cases, 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.
- What steps will this lawsuit take to arrive at a solution? How soon will we achieve results?
Answer: As with all lawsuits, there are no guarantees. However, shortly after the filing of the complaint, we will contact the government attorneys and seek a stipulation that we proceed directly to summary judgment, and then set a briefing schedule for the summary judgment motions that concludes as quickly as possible.
- Are you willing to ask the judge to reserve unused visas before FY 2022 ends?
Answer: It is premature for that to be the focus. Our first focus is getting our plaintiffs’ visas issued before the September 30 deadline. If visas are issued to all of our named plaintiffs before then, reserving visas becomes irrelevant.
- I have submitted my DS-260 and supporting documents to KCC and they still have not reviewed my case. Will this litigation help my case ?
Answer: You are not alone! Most DV-2022 selectees have not had their documents reviewed or approved by KCC. This is a separate barrier from the Tiered Approach Visa Prioritization Scheme, but it is one that is more difficult to challenge at this stage. It is important to remember you must remove all barriers to your visa issuances, not just the ones that are on your mind now.
- Are you willing to communicate with KCC and embassy regarding my case process?
Answer: No. Unlike with our past lawsuits for DV-2020 and DV-2021 selectees, we will not be assigning designated paralegals for each client. Rather, we will be concentrating all our efforts on removing the barriers to processing earlier than in past litigation.
- If the judge issues a positive order, will you help to transfer and schedule my case from KCC to the embassy for interview?
Answer: Unlike with our past lawsuits for DV-2020 and DV-2021 selectees, we will not be assigning designated paralegals for each client or assisting with transferring of cases and scheduling of individual interviews.
- Do I have to pay the remaining balance immediately when I enter the U.S.?
No. While we prefer prompt payments, we understand that circumstances may prevent you from paying the scheduled installments on time. If you are unable to pay at the scheduled time, we will work out a reasonable schedule.
- What will happen if my visa application is refused and/or I am unable to enter the U.S.? Do I still owe the remaining balance?
Answer: No.
- What are the attorney fees for family of two or more?
Answer: The fee for all families is the same. We only charge the DV selectee. We do not charge extra fee for derivative spouse or children.
- Is the litigation guaranteed to win?
Answer: Absolutely NOT. No litigation is ever guaranteed. Plus, that is not our goal. Our goal will always be the issuance of visas to our clients.
- I have a high case number, and the visa bulletin is current for my region. Could I benefit from this lawsuit?
Answer: It is unclear. We saw that happen for some DV-2020 selectees with high case numbers in September 2020, but that year was not typical. The only way to find out is to try.
- If the judge has not ruled yet and my visa is issued, do I still have to pay the remaining fees when I enter the U.S.?
Answer: Yes, when you will sign a retainer agreement, you sign a legally binding contract. You are promising to pay the remaining balance when you enter the U.S. 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 DV selectee’s entry into the U.S. Any belief that the visa was issued for any other reason does not change your obligation to pay the remaining fees.
Remember: the goal of our litigation is the issuance of the visas – not the issuance of a judge’s order. To reiterate, if the State Department issues you a visa that you use to enter the US, then you must pay the remainder of the attorney fees.
- Will this be a class action lawsuit?
Answer: No. We do not plan to file a motion for class certification in this lawsuit.
- Can the initial payment of $500 be deferred for D-selectees from countries experiencing challenging economic or political situations or barriers, until the DV-selectee’s entry into the US?
Answer: No. For this opportunity, we cannot defer the initial payment for any participant.
- Can DV-2022 selectees located inside the US participate in this lawsuit?
Answer: That depends upon your specific situation, and we recommend that you reach out to us directly for a free consultation.