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Afghan and Iraqi Allies v. Pompeo: Challenging systemic delays in deciding Special Immigrant Visa applications

In June 2018, we filed a class action challenge to systemic delays in deciding Special Immigrant Visa (SIV) applications of Afghans and Iraqis whose lives are at risk because of their work supporting U.S. efforts in their home countries.

The lawsuit challenges the government’s unreasonable delay in deciding these applications despite the congressionally mandated nine-month processing timeline. We filed this case because egregious system-wide delays continued after a prior lawsuit.

The court ruled that we may represent all SIV applicants whose applications have been in government hands for longer than nine months and that the delays– as many as four years for an average applicant–are egregious and unlawful. These rulings led to a court-approved adjudication plan in which the government committed to timeframes for promptly processing approximately 10,000 SIV applications and to report on its progress. Progress reports will be filed every January, April, July, and October, beginning October 2020.

Freshfields Bruckhaus Deringer US LLP is co-counsel in this litigation.

Follow the Case

  • Press Release: Following Court Victory for Iraqi and Afghan U.S. Allies, Government Submits Plan to Process Thousands of Delayed SIV Applicants

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  • Press Release: Court Rules For Thousands of Afghan and Iraqi Special Immigrant Visa Applicants Waiting For Their Visas

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  • Press Release: Court Finds Visa Delays Faced by Thousands of Afghans and Iraqis Who Assisted the United States Are Unlawful

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  • IRAP Lawsuit Reveals Government Flouts Congress, Reports Inaccurate Processing Times in SIV Program

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  • Court Allows Class Action Challenge to Delays in Special Immigrant Visa Program for Afghan and Iraqi Allies to Continue

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  • Press Release: IRAP & Freshfields File Class Action Challenge to Egregious Processing Delays in Special Visa Program for Afghan and Iraqi Allies

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