75-Country Immigrant Visa Pause Lawsuit

Frequently Asked Questions

What is the goal of the lawsuit?

The goal of the lawsuit is to challenge the U.S. Department of State’s 75-country immigrant visa pause on the visa processing for our plaintiffs from the 52 countries listed above. We are asking for a court order requiring the embassy/consulate to resume lawful immigrant visa processing and issuance.

Will my personal information be made public?

Your name will appear on court filings. To avoid delays, this case will not be filed anonymously. However, sensitive details, including your alien number and other confidential information, will be removed or hidden when possible. Access to the filed documents will also be limited online to the attorneys involved in the case, although the public may still be able to view documents at the courthouse where the case is filed.

Why is this policy illegal?

This policy is illegal because the U.S. Department of State does not have authority to impose an indefinite, across-the-board pause on immigrant visa issuance without congressional approval. By effectively halting visa processing for entire countries, the policy violates the Immigration and Nationality Act, the Administrative Procedure Act, and constitutional due process protections.

Who can join this lawsuit?

Individuals from the above 52 countries who are directly affected by the U.S. Department of State’s immigrant visa pause may be eligible to join the lawsuit. This generally includes immigrant visa applicants from the impacted countries whose case is Documentarily Qualified, and they have (1) an embassy or consulate interview notice, or (2) notification that their visa interview has been scheduled, or (3) a visa refusal letter issued after January 21, 2026, or (4) a visa refusal letter based on 221g administrative processing that was given to them at any time.

Why isn’t my country on the list of 52 countries in this lawsuit?

Our lawsuit will compel the government to act on cases that have, at a minimum, reached the Documentarily Qualified stage at the National Visa Center (NVC). Further, for strategic purposes, we will not challenge the Travel Ban from Presidential Proclamation 10998 based on 221f national security and foreign policy grounds. The U.S. Supreme Court has granted the Executive branch broad authority to govern national security and foreign policy. However, McBean Law will advance, on a case-by-case basis, national interest waivers for individuals seeking entry to the United States who are subject to the travel ban under PP 10998.

Can I join if I have an approved I-601A or I212 waiver?

Yes, if you are physically present in the United States and seeking to consular process but this visa pause is preventing you from leaving the country, you may join this lawsuit. However, your NVC case must have already reached the Documentarily Qualified stage.

Will joining the lawsuit hurt my immigration case?

It is illegal for the government to retaliate against you for exercising your right to sue in federal court. In fact, for many, litigation is the only way to move a case out of the “black hole” of an indefinite administrative hold. Further, the court (i.e., the judge) will provide oversight of the process to ensure that our laws are upheld.

What is the cost to participate?

Our fee to join as a named plaintiff in this multi-plaintiff action is $1,500. This is a flat fee that covers your representation within this multi-plaintiff lawsuit.

Does the fee include family members?

Yes. The $1,500 fee includes eligible derivative family members who are part of the DS-260 application, limited to a spouse and unmarried children under age 21.

Do you have a payment plan?

Yes, you may pay $750 at the time of submitting your Plaintiff Eligibility Form. The balance of $750 must be paid before our onboarding deadline.

Why join a multi-plaintiff lawsuit?

Joining a multi-plaintiff lawsuit is a strategic move that transforms an individual struggle into a collective challenge against systemic government policy.

When one person sues, the government may argue their specific background justifies a delay. However, when hundreds of plaintiffs from 75 different countries sue together, it becomes much harder for the government to justify a blanket freeze. It highlights to the judge that the problem isn’t the individuals—it’s a systemic, illegal policy.

Federal litigation is also expensive. An individual “Writ of Mandamus” lawsuit typically costs between $5,000 and $10,000 in legal fees. By joining a multi-plaintiff action, you benefit from a shared legal strategy. The $1,500 fee allows you to access high-level federal litigation—including APA and Constitutional challenges—at a fraction of the cost.

Is this a class action lawsuit?

No, this is a lawsuit that will only impact the named plaintiffs in the case.

When will the lawsuit be filed?

The lawsuit will be filed within 30 days after onboarding ends.

How long will the lawsuit take?

Litigation is unpredictable and it is difficult to estimate how long the process will take.

How do I get started?

The onboarding process for this case is now closed.