In December 2020, after 4 years, I got an approval for my I-526 petition- Direct Investment (India)however USCIS still has not transferred the file to NVC. I have done multiple inquiries within USCIS as well as NVC and every time received the same standard template response. I even spoke to a LEVEL-2 officer twice and nothing moved. Is mandamus a viable option to get the file moving? Is it normal that USCIS takes so long to move the file now a days?
Many processes are taking very long to get moving. NVC, work permits, full petitions, and more. A writ of mandamus may be an option. Immigration firms with litigation experience will help you determine if and how to best proceed with that.
There have been significant (and outrageous) delays involving USCIS transferring the I-526 approval notice to the NVC. Mandamus is a viable (albeit costly) option to pursue if you have been waiting 10 months. I would try writing to USCIS EB-5 Investor Program Office via email and calling the NVC (if you have not already) prior to filing a mandamus complaint.
Abnormal. May need litigation to move or try Ombudsman.
It is really frustrating that at every stage USCIS & DOS seem to be trying to slow things down. It used to be that transferring a file took maybe 1-2 weeks, now they take many months. And yes, if this is a direct case and after numerous requests they still will not act, that is unreasonable delay and maybe the only option left is to file a lawsuit. I never used to file but it seems they are making everything so difficult that applicants have no choice.
