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Questions and Answers > EB-5 Investments

When is it wise for an EB-5 investor to file a writ of mandamus?

The EB-5 case of my family was received in January 2018. It has been nearly 5 years since then, with no replies. The company that helped my family do the paperwork said that it would be unwise and risky to file a mandamus. Is this true? Should I file the mandamus lawsuit; would USCIS deny my case?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Consult a federal litigator knowledgeable in EB-5 to assess whether your pending case is approvable as filed. It is not clear whether you have a pending I-526 or I-829 petition. If you have a pending I-829 petition, you may consider filing for naturalization if eligible. This may help force USCIS to consolidate cases and adjudicate your pending I-829 in order to adjudicate N-400. We have helped clients get approvals on long pending I-829s this way and avoid costs of federal litigation. Hire an experienced immigration lawyer to assess your eligibility before filing.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is likely that a mandamus would result in an adjudication of a January 2018 filing, but if the case is not approvable, then you are going to get your denial sooner. Perhaps you should get a second opinion as to why the case is not approvable. If the case is not approvable, what is the advantage of delaying unless you have a concurrent or subsequent adjustment filing?

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should get an evaluation from a Federal litigator.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    It would seem appropriate to file the mandamus lawsuit. However, you should have a consultation appointment with an immigration attorney to discuss the situation in detail to obtain legal advice.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    An I-526 pending for five years is definitely ripe for a mandamus lawsuit. I have seen USCIS adjudicate cases as a result of a mandamus suit for cases filed at the end of 2018. Depending on how the suit goes, USCIS may be compelled to adjudicate your case, which would most likely result in the issuance of an approval or request for evidence.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If it is a weak case, CIS may try to find a way to deny it.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    Very ripe for a mandamus. A successful mandamus will simply accelerate whatever adjudication your application would have received in the normal course.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You should discuss this with an EB-5 attorney. Five years on an I-526 or I-829, in my opinion, is ripe for a Mandamus. A petition for a Writ of Mandamus does not result in a particular decision; it results in a decision appropriate for your petition. Whatever that decision is, filing a WoM will get it to you faster. The first question is whether your petition is approvable? And if I were you, I would wonder why a project would discourage you from filing WoM; do they know something about your petition that you do not?

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    Matthew T Galati

    Immigration Attorney
    Answered on

    That case has been pending much longer than others. We certainly have filed mandamuses on cases pending shorter than that with success. We would need to know more details.