How can a writ of mandamus help accelerate my EB-5 process while my case is pending at NVC? - EB5Investors.com

How can a writ of mandamus help accelerate my EB-5 process while my case is pending at NVC?

I submitted my EB-5 DS-260 form, along with civil documents, to NVC almost a year ago. I am still waiting to be documentarily qualified. Should I file a writ of mandamus to push NVC to work on my case and put me in line for an interview? Or is that meant for another stage of the process?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

It can be filed at this stage if unreasonably delayed. The Department of Justice may file a Motion to Dismiss if they think the delay is reasonable. Also, make sure your Final Action Date is current because if backlogged there is nothing to push.

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

You need a consultation appointment with an immigration attorney who has experience with federal litigation.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

It is an option but you should definitely inquire in your portal as to what is missing that you are not documentarily qualified.

Anthony Cummings

Anthony Cummings

Litigation Attorneys
Answered on

You are referring to a legal proceeding to force the decision maker to act. Such a maneuver may backfire meaning you get an adverse determination. However, if you are truly unwilling to wait, it is a risk some people will take. Have you tried to contact NVC for an update on the timing?

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Yes. But then you will also need a mandamus for the foreign consulate to schedule you.

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