MAVNI FEDERAL CLASS ACTION LITIGATION 

Kirwa, et al. v. United States Department of Defense, et al., Civil Action No. 17-1793
Nio, et al. v. United States Department of Homeland Security, et al., Civil Action No. 17-0998
U.S. District Court for the District of Columbia

If you are a service member who has served or is serving in the Selected Reserve of the Ready Reserve (the “Selected Reserve”), who enlisted through the MAVNI program, and who has not yet become a naturalized U.S. citizen, you may be affected by ongoing litigation in the United States District Court for the District of Columbia (the “Court”).  Several MAVNI soldiers brought two lawsuits (the Kirwa litigation and the Nio litigation) against the United States Department of Defense (“DoD”), the United States Department of Homeland Security (“DHS”), the United States Citizenship and Immigration Services (“USCIS”), and certain government officials challenging the lawfulness of Defendants’ policies affecting naturalization.   

Please read this website carefully if you are a MAVNI service member who has not been naturalized. 

Kirwa, et al. v. United States
Department of Defense, et al.
,
Civil Action No. 17-1793

Are you a member of the Kirwa class?   

You are a member of the certified Kirwa class if you:
1)    Enlisted in the Selected Reserve through the MAVNI program prior to October 13, 2017;
2)    Have served or are serving in the Selected Reserve; and
3)    Have not received a completed Form N-426 from a military official allowing you to apply for naturalization.

If you are a member of the Kirwa class you should know the following: 

On October 25, 2017, the Court issued a preliminary injunction against the Secretary of Defense and DoD enjoining DoD from refusing to issue N-426 forms and refusing to certify honorable service for MAVNI service members who enlisted prior to October 13, 2017 and who have served one day or more in the Selected Reserve. The Court further ordered DoD to use its best efforts to issue signed Form N-426s within two business days from the date the request is submitted. If you submitted an N-426 prior to October 25, 2017, you will need to resubmit your N-426 request to the military to take advantage of the Court’s Order.  Requests should be directed to an O-6 in the service member’s chain of command.  That Order, as amended/clarified on October 27, 2017, can be found HERE.

UPDATE (DECEMBER 14, 2017): If you are a Selected Reserve MAVNI who has served for one day or more (e.g., through attendance at one drill) and you have not received a completed and signed Form N-426 from a military official and thus do not have a pending N-400 naturalization application, IMMEDIATELY review the Notice provided in the link below.

NOTICE TO KIRWA CLASS MEMBERS (UPDATED DECEMBER 14, 2017)

Once you receive a copy of the completed N-426 per the Notice linked above, do not delay the submission of your N-400 application. Copies are accepted by USCIS, per the attached Notice.  Also, please take care to submit your N-400 to the correct address per the directions for military applications on the USCIS website, and maintain a copy of your full N-400 application for your own records.

 

 

Nio, et al. v. United States
Department of Homeland Security, et al.
,
Civil Action No. 17-0998

Are you a member of the certified Nio class?

You are a member of the certified Nio class if you:
1)    Enlisted in the Selected Reserve through the MAVNI program prior to October 13, 2017;
2)    Have served or are serving honorably with a Selected Reserve unit through participation in at least one qualifying drill period or served in an active-duty status;
3)    Have submitted an N-400 Application for Naturalization;
4)  Have been issued a Form N-426 certifying honorable service as a member of the Selected Reserve or in active-duty status; and
5)    Have had the processing or final adjudication of your naturalization application (including naturalization itself) withheld or delayed because of: (a) a final USCIS processing hold for MAVNIs; (b) a DoD N-426 policy review; (c) a DoD N-426 recall/decertification policy; (d) enhanced DoD security screenings; (e) DoD CAF adjudication; (f) a national security determination; and/or (g) military service suitability vetting determination.

If you are a member of the Nio class you should know the following:

Pursuant to the Court’s October 27, 2017 Order found HERE, your N-426 may not be revoked.  The litigation with respect to the lawfulness of Defendants’ policies affecting naturalization is on-going — please use the Nio Schedule tab to see select dates from the litigation calendar.

UPDATE (February 2, 2018): If you are a Selected Reserve MAVNI for whom the DoD background checks (all the way through CAF/MSSD adjudications) are complete but your naturalization application has not been fully adjudicated (through an oath ceremony or a denial), please review the Request found in the “Nio Request” tab and through this link.

 

Please check back periodically as Fried, Frank, Harris, Shriver & Jacobson LLP (“Fried Frank”), counsel for the Kirwa class and the Nio class, will be adding and updating documents and information found on this Site.

Disclaimer

This website and the materials provided herein are made available by Fried Frank to provide publicly available information regarding the Kirwa and Nio class actions.  Nothing on this website creates or establishes any attorney client relationships between Fried Frank and any persons or entities.   Your use of the Site is conditioned on your understanding and acknowledgement that (1) the material and information on the Site is not offered as and does not provide legal advice on any matter and should not be used as a substitute for seeking legal advice, and (2) Fried Frank is not and will not be responsible for any errors or omissions on this website or any action or failure to act in reliance upon information on the Site.