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Is it worth filing a mandamus in our EB-5 case to prevent our child from aging out?

We filed for EB-5 in end 2018 when our dependent child was 6 months away from his 21st birthday. We got approval in April this year. So our child age again unfroze I understand. Its been 5 months and we still haven''t heard anything from NVC. Upon contacting them they say they have not received our case from USCIS. We want to avoid our child aging out. We are from India and the EB-5 visa was current at time of our approval in April 2021. Is it worth having a mandamus lawsuit in this case and what would be the approximate case?

Answers

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    It is always okay to pursue a legal action of this sort, particularly when the age-out time is approaching.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    You certainly can, but under case laws, there are some other (cheaper) ways to satisfy the "seek to acquire" requirement under CSPA. I would talk to an experienced attorney and evaluate the options.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your lawyer should ask NVC to issue a fee bill and you should send DS-260s to NVC via FedEx to show you are seeking to acquire. A mandamus can work, but now NVC says it is not processing because of the program lapse. I would do an age-out request, and if they do not reply, do a mandamus. You need skilled mandamus counsel because a lot of inexperienced lawyers are filing and not doing good mandamus cases.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Is it a Regional Center or direct investment case? Regional center cases are on hold until Congress re-authorizes the program.

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    Anthony Cummings

    Litigation Attorney
    Answered on

    It is worthwhile to investigate the existing provisions on delays and the impact on age dependency. A mandamus seeking the tolling of the time for the dependent seems like a long shot but that kind of litigation could cost between $20,000 - $30,000 with no guarantee of success.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    While the writ of mandamus is an acceptable option, the fact is that you have up to two years after the unfrozen to file for immigrant visa for your child before the aging out kicks in. Thus, considering you got an approval in April, about 4 months ago, there are several months left for your file to make it to the NVC. Therefore, keep in mind the 24-month deadline and discuss your options with an immigration attorney prior to filing the writ of mandamus.