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Who reviews the EB-5 application at the I-485 stage?

Our case I-485/I-130 has been pending for more than two years now. We had two interviews a year apart and no decision has been made. We have completed tons of inquiries via Infopass appointments, service requests, congressman and ombudsman offices, spoke with the supervisors, and nothing seems to work. What entity is responsible for reviewing the petition at this stage? If we ever receive I-485 approval, who will be responsible for approving our I-829 petitions?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would need to know a lot more about your case to determine what exactly was filed and when. Details matter, and retaining an immigration attorney is invaluable for these processes.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The USCIS and EB-5 office will review the I-526 petition, I-485 applications and I-829 petition. If the USCIS is not responding to your inquiries in a reasonable timely manner, then you can file a mandamus action in federal court to require an immediate decision on your case.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It does not make sense that you had an I-130 filed. If you had the I-526 approved as an EB-5 investor, then you file the I-485 based on approval of the I-526, and obtain employment authorizations and travel documents while your I-485 is pending. If the I-485 is pending for so long, it is definitely outside normal processing times; have your attorney contact the USCIS field office director to discuss your case.

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    Charles Foster

    Immigration Attorney
    Answered on

    Technically, the party that is still responsible for reviewing your adjustment of status application on Form I-485 is the U.S. Citizenship & Immigration Service adjudicator at the regional office where your I-485 application is still pending. If in the end after you have exhausted all of your administrative remedies, you can have your attorney or retained experienced attorney file a writ of mandamus in U.S. district court. The last part of your question is not clear. If you have received approval of your I-485 application for adjustment of status based upon an I-130 family petition, then obtaining approval of your I-829 petition to remove conditions would no longer be material, but technically it is still the CIS adjudicator.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the I-485 is pending for two years there is most likely a problem. Presumably your work and travel authorizations have been approved? While the USCIS Service Center will adjudicate the I-485, the case can be referred to your local district office for an interview and final adjudication. The IPO in Washington, D.C. will adjudicate the I-829.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    USCIS approves the I-485. I would suggest retaining immigration counsel. The time delay is out of the ordinary.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I am confused as there is not an I-130 in connection with the EB-5. First you file the I-526 and then, once approved, if you are in the United States and lawfully in status you file the I-485 - which is reviewed by USCIS at a Service Center unless they deem an interview is necessary, and then it is scheduled for an interview at the local district office. The I-829 is filed two years after the I-485 is approved and is also filed with USCIS, and again can be adjudicated favorably by mail or an interview scheduled.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    USCIS adjudicates the I-485. If you had the interviews, it must be at the local USCIS office near where you live. I would suggest your attorney getting in touch with the director of USCIS, stating that taking two years for the adjudication of the I-485 is way out of the normal processing time. Usually, Congressional inquiry prompts them to react. It is not clear why it did not help your situation.

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    John J Downey

    Immigration Attorney
    Answered on

    USCIS is responsible for I-485 approvals. I would enlist the aid of an attorney and file an action in mandamus with the federal court to compel them to make a decision.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Why is there an I-130 pending? How is this related to the I-829? Do you already have a lawyer?

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