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What is an attorney responsible for on a submitted EB-5 case?

How far can an investor push their EB-5 attorney to work on things? My immigrant visa application has been sitting at Guangzhou Consulate for more than one year due to administrative processing. My attorney will regularly write to Guangzhou to ask for an update of my case. Can I ask my attorney to make a complaint instead? Or is it up to the attorney to make a decision on what to do?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 immigration attorney will be able to advise you. The assistance of a U.S. congressman may be able to inquire on your behalf.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Generally, administrative processing takes longer times to process your case. It is possible to have a congressional inquiry made or to file a lawsuit in a federal court. You should discuss all options with your immigration attorney.

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    John J Downey

    Immigration Attorney
    Answered on

    You may ask your attorney to pursue action to try and expedite your case. It may require another payment to the attorney depending on your fee agreement.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Complaining to the consulate does no good. The administrative processing is an extra security measure that kicks in when your name or something randomly triggers wider clearance between the FBI and other security agencies in addition to the Homeland Security. Normally, the administrative processing just adds three to six months to the process, but if your lawyer is periodically making an attorney inquiry, then that is all he/she could do. If the attorney or the business where you invested has significant political connections to have a Congressional inquiry on why this is taking so long, it may move things along. But, with so much negative press about wealthy terrorists using the EB-5 process to skirt the security clearance, I doubt that any Congressional officials will make such an inquiry. My advice is to be patient.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Unfortunately, when a case gets into administrative processing, there is little the consulate or the attorney can do except to inquire every 30 days and perhaps involve a Congressional representative or file a federal lawsuit if the time is too lengthy.

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    Stephen Berman

    Immigration Attorney
    Answered on

    The attorney has the final word on what actions are appropriate. You would be well advised to follow your attorney's advice in such matters.

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    Robert Cornish

    Securities Attorney
    Answered on

    You will need to hire U.S. counsel to file a writ of mandamus to have the State Department and USCIS act on the application. Be aware that it is often easier for the authorities to reject such an application when such a writ is filed. Which may be why your attorney has not done anything.

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