Lotfi Legal filed a class action lawsuit for IRGC conscripts denied U.S. visas. It will take years before a judge decides the case. What you can do now is send this message to the embassy: My visa was denied under INA 212(a)(3)(B) because I served in IRGC before 2019. You did not ask whether I knew that by completing military service, I was helping a terrorist organization, as the law requires under 8 U.S.C. §§ 1182(a)(3)(B)(i)(VI), (iv)(IV)(cc), (iv)(V)(cc), and (iv)(VI)(dd). The visa denial is unlawful and I request reconsideration of my visa denial immediately.

 

Questions and Answers for IRGC Conscripts

  1. Does this lawsuit mean I will get my visa? No, it does not. If we win the lawsuit, what you get is the opportunity to present evidence and explain to the officer what you were thinking and what you knew when you completed military service. It will then be up to the officer to review all the evidence and make a decision on your visa application.
  2. When will you have a decision on the lawsuit? Litigation takes years. Once a judge issues a decision, either side can appeal that decision. In our case, we expect to receive a decision in two to three years. If the government appeals the decision, relief could be delayed for several additional years.
  3. How can I support you? Class action lawsuits are expensive, and all monetary contributions help us pay for the expenses. You can make a contribution by going to lotfilegal.com, clicking on the “Make a Payment” button, and writing in “Donation for class action lawsuit.”
  4. How can I join the lawsuit? At the moment, we are not accepting new plaintiffs, but you are still included. Because this is a class action lawsuit, if we win, we win for everyone who is in this situation.
  5. How can the government deny my visa if my mandatory military service was years ago and I did not go to combat?
    1. The law allows the government to deny visas to people who provided material support to an undesignated terrorist organization unless the applicant can demonstrate that they did not know, or should not have reasonably known, that the organization was a terrorist organization.
    2. Material support has been interpreted extremely broadly to include basic things such as dishwashing, painting, handing out boots, etc.
  1. Can the government deny my visa if I did not go to combat but I received weapons training? Yes, you could also be denied for receiving “military-type training,” which includes weapons training. It is controversial whether there is a “knowledge” requirement related to receiving military-type training.