FAQ
Asylee I-485 Group Lawsuit – FAQ
Frequently Asked Questions
Eligibility
You may qualify to participate if:
You were granted asylum or refugee status in the United States.
You filed an I-485 application based on that asylum or refugee status.
Your application has been pending for more than six (6) months without a decision.
You have not yet received a resolution from USCIS.
What Representation Includes
By joining this group, you will receive:
A careful review of your case to confirm eligibility.
Representation in federal court by experienced immigration attorneys.
A fixed, transparent legal fee, so you know exactly what you will pay.
Ongoing updates throughout the entire process.
Please note that our representation is limited to the federal lawsuit challenging the delay. We do not represent you before USCIS.
If you are scheduled for an interview while the lawsuit is pending, we strongly encourage you to have an immigration attorney represent or accompany you at that interview.
Cost
The participation fee is USD $2,210 per applicant, which covers all legal fees and expenses.
This payment is required at the start of your case and is non-refundable once the case is filed with the Federal District Court.
How to Proceed
Start the process by:
Completing the intake form:
👉 Click here to begin
After completing the onboarding process, our team will review your eligibility. If you are eligible, you will be invited to make the payment and provided with the exact date the lawsuit will be filed.
Why Join a Group Lawsuit
Joining a group action allows you to:
Share costs with other applicants, making the process more affordable.
Show the court that your delay is part of a broader, systemic issue.
Benefit from a coordinated, efficient, and effective legal strategy.
Common Concern: Risk of Backlash
Many applicants wonder whether filing a lawsuit might lead to backlash from the government.
In our experience, the opposite tends to be true.
Over the years, we’ve found that individuals who take legal action often receive better and more respectful treatment from USCIS. When the agency sees that an applicant is willing to pursue their rights through the courts—a process that is both time-consuming and costly for the government to defend—they are more likely to treat that applicant’s case with care and professionalism.
What Are the Odds of Success?
Litigation is inherently unpredictable. That said, our team is experienced and has carefully reviewed the factual and legal issues involved, and we have concluded that there is a reasonable likelihood of success.
While no result can be guaranteed, we are fully prepared and committed to achieving the best possible outcome for all plaintiffs.
Is There Any Harm in Trying?
No. Joining this type of lawsuit does not create any risk or negative consequence for your immigration case.
The lawsuit simply asks a federal judge to require USCIS to do its job and make a decision—nothing more.
It does not challenge your eligibility, and it cannot cause your case to be denied. In fact, in our experience, applicants who take legal action are often treated more professionally and with greater care by USCIS.
If USCIS decides your case needs an interview, they will schedule it; if it’s ready for approval, they will approve it. Either way, the lawsuit ensures that your application has an opportunity to move forward, rather than sitting in limbo indefinitely.
What to Expect After Filing
When will the lawsuit be filed?
The lawsuit will be filed once we reach the minimum number of qualified participants and all retainers are signed. Once that occurs, we will invite each qualifying individual to make the payment. At that time, an exact filing date will be provided.
What’s the expected timeline for the whole process?
Once the group has closed, all contracts are signed, and payments are complete, we typically file the lawsuit within about three weeks.
From there, the court issues initial documents, including the summons, and we serve the U.S. Attorney’s Office and USCIS. You can expect regular email updates from our office throughout this process. We’ll notify you when the case is filed, when the government has been served, when their response is due, and as soon as there is any movement on your individual application.
Each case timeline varies slightly, but most participants start seeing progress between around 90 and 120 days after filing. Our office will keep you informed at each stage.
Where will the lawsuit be filed?
Venue is a complex, multifactor analysis. The case will be filed in federal district court where we have both a strong number of plaintiffs and a proven track record of success in similar cases. Because this is a multi-plaintiff federal lawsuit, it may be filed outside your home state.
If the lawsuit is filed in a different state, will that affect me?
No. Your participation and case outcome are not affected by your state of residence.
Will I need to appear in court?
No. You will not need to appear in court—everything is handled electronically by your attorney.
How long does USCIS have to respond?
After the U.S. Attorney’s Office is served, USCIS has 60 days to respond. From the date we file the lawsuit, this is typically about 90 days later, allowing time for court processing and service.
In individual lawsuits, USCIS often acts within this window. Group lawsuits tend to take slightly longer because they involve multiple plaintiffs. Many participants begin to see progress on their applications between around 90 and 120 days after filing.
Please keep us posted as you receive updates from USCIS—this helps us monitor the agency’s progress across the group.
How long will the lawsuit remain open?
The lawsuit remains open until every single plaintiff’s case is resolved, or until the Court determines that USCIS’s delay is not unreasonable and that they are not required to act. In most cases, this means the case will stay active until USCIS has adjudicated all applications.
If USCIS decides to schedule interviews, will the case stay open until a final decision?
Yes. The lawsuit remains open until USCIS issues a final decision on your adjustment of status. If you are scheduled for an interview, the lawsuit does not automatically close—it continues until adjudication is complete.
Is USCIS required to adjudicate all members of the group?
Our lawsuit asks the Court to order USCIS to adjudicate the applications of all members of our group. The lawsuit does not conclude until we receive some form of resolution. Ideally, that means adjudication for all members; however, it could also result in a court order finding that USCIS’s delay is not unreasonable and that they are not required to act.
As with any litigation, no result can be guaranteed. That said, USCIS must address the applications of all named plaintiffs once they are part of the lawsuit. The pace and order of adjudication may vary, and each case remains individually reviewed, but none can be ignored or indefinitely delayed.
Our team is experienced and has carefully reviewed the factual and legal issues involved, concluding that there is a reasonable likelihood of success. While outcomes can vary, we are fully prepared and committed to achieving the best possible result for all plaintiffs.
Payments
Once you are invited to participate, you will receive a payment link via email.
Payments can be made securely by credit card, debit card, or bank transfer.
It is a one-time-only payment that covers your share of attorney time, filing fees, and administrative costs.
Communications
We maintain regular contact through email updates. Please check that our messages do not go to your spam or junk folders.
To keep the process efficient and affordable, we do not offer individual consultations for group participants. This ensures fairness and allows us to focus our resources on the collective litigation.
Participation includes representation in federal court only for the delay issue. If you need individualized immigration advice or interview preparation, you may hire a separate attorney—either within our firm or elsewhere.
Individual Questions
Because this is a coordinated group effort, we cannot provide individual legal advice outside the scope of this lawsuit.
If you wish to pursue your case independently, we recommend hiring your own attorney.
Please avoid sending personal inquiries about your specific case so we can focus on moving the entire group forward efficiently.
Additional Information
You can find all of this information and future updates here:
🔗 https://jtarenalaw.com/asylee-i-485-group-lawsuit-onboarding/
Thank you for your trust. Our team is committed to helping you move forward and achieve the resolution you deserve.
Click here to complete Short Intake Form For Group I-485 Delay Lawsuit
Mandamus lawsuits are one way that immigrants waiting for USCIS to schedule an interview or issue a decision can compel the government to act. If you have been waiting for USCIS to adjudicate an application, you may have grounds for a mandamus suit.
