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Why is my approved I-526 petition taking more than 10 months to transfer from USCIS to NVC?

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?  

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    Dennis Tristani

    Immigration Attorney
    Answered on

    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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Abnormal. May need litigation to move or try Ombudsman.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    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.