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What is the maximum time an EB-5 application can be pending?

I invested $500,000 into a company through the EB-5 program and 10 years have already passed. Is there a maximum time the application can be pending? What do I do at this point? Is there any chance of either approval or a refund?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There are two different things here: the processing time of the I-526 and exiting the investment. An I-526 pending for 10 years is extreme, and USCIS may have lost the case. Making inquiries or even filing a federal mandamus action could get the case moving. Your EB-5 project/regional center will have its own procedures for refunds.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    There is definitely something wrong. You should do a status request to see what transpired. Have you moved? Maybe a denial or approval notice was sent to an old address.

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    Kyle Barella

    Immigration Attorney
    Answered on

    Given the time frame your petition has been pending with USCIS, I recommended you contact a qualified EB-5 attorney with your inquiry immediately to see if anything can be done.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    Unfortunately, there is no maximum time that an EB-5 application may be pending by statute or regulation. However, USCIS publishes processing times and you may contact them when there are delays. In my opinion, 10 years is too long.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not clear what application you are referring to. Currently, I-526 petition average processing times are about 17 months. Generally, when a petition takes an unreasonable amount of time to adjudicate, there are certain options available, such as a service request with the EB-5 unit, congressional liaison assistance, a Mandamus action in federal court. If your I-526 has taken 10 years, this is certainly an unreasonable amount of time to adjudicate a petition and you should contact your immigration attorney for help.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no maximum amount of time for an I-526 to remain pending, but 10 years is an unreasonable delay. The USCIS Investor Program Office responds to email inquiries within two weeks (and usually much faster than that), so if you or your attorney have not emailed them yet, you should do so immediately. That said, once a petition is pending beyond a reasonable period of time (i.e., much longer than the average processing times), there are other steps that can be taken, i.e. congressional liaison inquiry or a Mandamus federal lawsuit that should result in the adjudication of your long-pending petition. You should consult with an experienced EB-5 immigration attorney on this unusual situation.

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    Charles Foster

    Immigration Attorney
    Answered on

    In theory, an EB-5 petition on Form I-526 could be pending for as long as it takes for the U.S. Citizenship and Immigration Service adjudicator to make a decision. However, although there is a significant backlog given the high number of I-526 petitions that have been filed in the last several years, normally they are adjudicated or approved within approximately one year. If in fact your petition has been pending for 10 years, then there is something very seriously wrong with same. You would need to make an inquiry to determine the status of the I-526 petition to make sure that a decision has not been made and you were not aware of same. There are a variety of ways you can make a written inquiry or alternatively you could hire an attorney with experience in representing EB-5 investors.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    By all means, 10 years is awfully long time for an EB-5 petition to be pending. You should make prompt inquiry on your case with USCIS. Advisably, consult an EB-5 attorney.

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    John J Downey

    Immigration Attorney
    Answered on

    Really!!! I would retain an immigration attorney to inquire and perhaps file a Writ of Mandamus to compel an answer.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    When you file your case you get a receipt with a case number. I have heard of a two, three and even four year wait, but never 10 years. You need to call your lawyer, or if you do not have one, you need to find a good one.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Email the special email for EB-5 cases to inquire. 10 years is way too long. What does your case status online say?

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