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What actions can I take if my I-526 is undergoing an extensive review?

It has been almost 30 months since I submitted my I-526 application, which has not yet been approved. USCIS indicated that my case had been assigned to an officer for an extensive review but has not requested me to supplement any more materials. My questions are, given the current situation, what actions I can take to accelerate the approval process and how long do those extensive reviews usually take?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can file a mandamus action in federal court (basically suing the government and forcing them to make a decision). That itself may take quite a long time.

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    Ed Beshara

    Immigration Attorney
    Answered on

    First, you will have to determine whether the processing time of your I-526 petition is beyond the processing time as stated on the USCIS website. Review how many inquiries and dates you have sent requiring a response from the EB-5 Office. If there is still no response, then you may retain an experienced EB-5 attorney to prepare and file a Mandamus Federal court action. This action will immediately cause a Federal Judge to review the delays and then require the EB-5 Office to immediately respond with an answer. The answers could be an approval, Request for Further Evidence or Denial.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is possible to file a mandamus action or have a Senator involved first. You should discuss these options with your attorney.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    There is no easy answer to this, but I would suggest perhaps getting a Senator involved.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is hardly anything that can be done in this circumstance except to check the progress regarding the review on a regular basis. If eventually a Request for Further Evidence (RFE) is issued as part of the review, advisably respond to it as soon as possible to minimize further delay.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, this kind of extraordinary processing time is not a rarity anymore. Also, unfortunately, there is no way to have them expedite it other than having your attorney make inquiries. There is no Premium Processing on I-526.

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    Charles Foster

    Immigration Attorney
    Answered on

    This can be extremely frustrating. There is very little you can do other than periodically making inquiries and hoping that you will either get an approval or a Request for Evidence (RFE) so you will know what the issue is. Other than that, you could theoretically go to the United States District Court and file a mandamus action or try to have an appropriate party contact their Congressman to make an inquiry on your behalf, although such inquiries normally do not produce any substantive results.

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    Ying Lu

    Immigration Attorney
    Answered on

    It is really hard to tell. Do you know the reason why your petition was selected for extensive review? Are other investors in the same project receiving the same extensive review? You or the project that you invested may want to contact a local congressional representative for assistance if the petition is unreasonably delayed.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    This can only be effectively answered by the Investment Immigration Attorney that filed your case on your behalf that is familiar with your EB-5 application, your personal situation and the factors that may impact the new business enterprise in which you invested.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    30 months is almost twice the designated time, so one option would be to file a writ of mandamus. However, you must be able to show proof of the egregious delay you appear to have, especially if the project has prior approvals.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You have the option to file a Mandamus Suit to have the court intervene and order the USCIS to make a decision on a case which has taken longer than a reasonable amount of time.

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