Question 1

Does this mean my Green Card will be denied?

Accepted Answer

Not automatically. But this policy significantly raises the bar for approval and introduces real risk of denial even for cases that would previously have been approved without issue. The firm is taking proactive steps on all fronts to protect our clients.

Question 2

I already had my interview or biometrics. Am I still affected?

Accepted Answer

Yes. If your I-485 has not been approved, you remain subject to this memorandum. USCIS can issue an RFE, schedule a new interview, or deny your case under the new standard — even after biometrics or a prior interview.

Question 3

My underlying I-140 or I-130 is still pending. Can I still join the lawsuit?

Accepted Answer

Yes, as long as you also have a pending I-485. Many clients who have already registered are in exactly this situation. The strongest cases for this lawsuit are often family-based, where the government is effectively trying to prevent U.S. citizens and residents from living with their spouses.

Question 4

Will I face retaliation for joining the lawsuit?

Accepted Answer

Federal law prohibits the government from taking adverse action against individuals for exercising their legal rights through litigation. As part of the lawsuit, we will seek a TRO protecting all plaintiffs. One of the built-in protections of a mass joinder action is that if all members suddenly receive denials or NTAs, it is obviously retaliatory — the judge will intervene and the government would face sanctions. Joining a lawsuit actually places you under heightened judicial scrutiny and protection.

Question 5

Is this a class action?

Accepted Answer

No. This is a mass joinder action — a lawsuit filed on behalf of specific, named plaintiffs. Unlike a class action (which requires certification that can take years and which we have seen fail repeatedly, including on TPS issues), a mass joinder moves faster and protects its named members directly. Only those who register and are named as plaintiffs will benefit from any court relief.

Question 6

What about the Impact Law litigation some clients were previously part of?

Accepted Answer

Those lawsuits focused primarily on the benefits pause memos and are separate from this new litigation. Some of those cases were dismissed because they failed to articulate specific, individualized irreparable harm to each plaintiff — which is precisely what courts have required. Our lawsuit is being built differently: we are preparing detailed, fact-specific declarations for each plaintiff tailored to their individual circumstances, which we believe gives us a much stronger foundation.

Question 7

What should I be doing right now to strengthen my case?

Accepted Answer

Begin gathering the following proactively — these will be needed for your equities supplement when an RFE or interview arrives:

Tax returns for the last 3 years
Letters from employers detailing your role and the impact of your potential departure on the company
Letters from community organizations, churches, or volunteer programs you participate in
Evidence of property ownership or business interests
Character reference letters from community members, colleagues, and friends
If you own a business: letters from your CPA or business partners describing your contribution and how many people you employ
If U.S. citizen or LPR family members would suffer hardship: consider a psychological evaluation documenting that harm, and gather school and academic records for U.S. citizen children
Police clearance letters to document absence of criminal history

Question 8

My spouse and children also have a pending I-485. Do they need to join separately?

Accepted Answer

Yes. Each family member must be named individually. However, fees are capped at $8,000 per family — including everyone costs no more than joining just one person in a family of four or more.

Question 9

Can I schedule a call to discuss my specific situation?

Accepted Answer

Due to the extremely high volume of clients affected, we are not scheduling individual calls this week regarding the litigation decision. All litigation questions should go to litigation@cfrlaw.com. If you would like to schedule a paid consultation to discuss your individual case strategy — including the consular processing option — that can be booked for next week at cfrlaw.com or by calling (305) 579-9218. Emails sent on Fridays receive a 2-business-day response; if you email Friday, expect a reply by Tuesday.

Question 10

What if I just want to withdraw my I-485 and leave or go consular?

Accepted Answer

This is a valid option and we will support whatever decision is right for your family. Please schedule a consultation to fully understand the implications before taking any action — especially if your case involves a PERM labor certification, where you remain tied to your original sponsoring employer and the job offer must remain open.

Important: Know your rights during immigration encounters. Learn more

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