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Why were other I-526 petitions in an EB-5 project approved before mine?

My I-526 has been submitted for 28 months, while other applicants of the same project have been approved. What order are I-526 applications adjudicated in? Is the delay due to a problem with my own application or a problem with the project?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It is impossible to know for sure. USCIS is not clear about the order of processing. You or your attorney should make inquiries every 30 days until a determination is made.

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    John J Downey

    Immigration Attorney
    Answered on

    Sorry to say there seems to be no rhyme or reason for many of these delays. If others in the project have been approved, then my guess is they have found something in your application that may need review. If you were represented by counsel, then they should seek an answer from USCIS.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Current processing times for I-526 petitions are about 17 months. Have your immigration attorney make a service request.

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    Ying Lu

    Immigration Attorney
    Answered on

    The current processing time for I-526 petitions is about 16.2 months. Your application has been way beyond the processing time. Your attorney should reach out to USCIS by sending a service request. USCIS will immediately assign your case to an adjudicator.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    It is difficult to determine the reasons for delays. However, I believe 28 months is too long. You should contact USCIS and request information as to why your case is taking so long. They will prepare an inquiry request and investigate the delay. Sometimes, that will push them to send a Request for Evidence that will explain the reason for the delay.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    USCIS maintains that it processes cases in a "first-in, first-out" order. That just means that the cases are pulled off a storage shelf and given to an adjudicating officer in that order. Most of the time, the officers are able to complete adjudication of each case in that same order. In some cases, however, the adjudication process gets delayed because some petitions are more complex than others, some require a Request for Evidence or Notice of Intent to Deny, while others just likely are temporarily placed back on the officer's shelf or floor, or even worse, they can be temporarily misplaced. USCIS does conduct frequent file audits in order to identify delayed or misplaced case files. This is done by scanning all of the bar codes on all of the files in a given location and then comparing where those files are actually supposed to be and for how long, on average. It is important for investors and their attorneys to track/monitor pending petitions. If the petition is pending beyond the normal processing time, as yours is, then someone should email the USICS Investor Program Office to make an inquiry. If the petition continues to be unreasonably delayed, there may be some other things your attorney can do, such as contact a congressional liaison or even consider filing a Mandamus court action to ask the federal district court to order USCIS to adjudicate the petition.

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    Charles Foster

    Immigration Attorney
    Answered on

    It is hard to know why other petitions were approved faster. This is a very common experience. Sometimes it is because of different adjudicators or sometimes different issues are on the individual's I-526 petition.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is not uncommon for the I-526 petition to have delays in processing, particularly if there is a delay as a result of country of origin such as China. Barring such a factor, it is a rarity to have one application among the pack to be so delayed for over 28 months while other petitions are being approved. Even though each application is treated on its own merit, the delay of this petition should be immediately investigated. It is advisable that the regional center and especially the counsel handling the petition be urged to investigate the reasons for the long delay. The delay is likely not related to the project, but rather to the application itself.

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    Kyle Barella

    Immigration Attorney
    Answered on

    If other petitions in the same project are being approved, it may be an issue with your individual documents (i.e. source of funds). I recommend you have your attorney send an inquiry to USCIS. Alternatively, please contact a qualified EB-5 attorney to assist you.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Without more facts, it is hard to say. On the positive side, it is not always first-in first-out. It could be they are investigating, but more likely just unluckily out of order.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Probably with your own application, but you should have heard by now. Contact the EB-5 email address.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    These are issues that arrive with USCIS frequently. You should direct this question to your investment immigration attorney that filed your application.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Application adjudication varies quite a bit and is not necessarily about any specific order. A delay could be caused by any reason - different adjudicating officer, maybe a document or two is missing from your own application, etc.

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