Questions and Answers > EB-5 Forms

What should I do with my EB-5 I-526 pending for 3 years?

My EB-5 I-526 was filed in September 2019. It has been pending for 36 months now. I recently filed an I-485 based on the pending I-526. Is this a normal time frame for this process? If not, can I raise a service request? What should be my next steps?

Answers

• Ed Beshara

  Immigration Attorney

  Answered on September 26, 2022

  You can file a mandamus federal court action to demand the USCIS to respond within 60 days to adjudicate the I-526 petition.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 23, 2022

  Sadly, the I-526s are taking much longer and the only option is a mandamus. Most of the approvals we are getting are late December 2018 or very early 2019.

• Ying Lu

  Immigration Attorney

  Answered on September 19, 2022

  If you were not born in mainland China, the current I-526 processing time is around 52 months. Therefore, your case is still within the processing time. A service request will not help.

• Lynne Feldman

  Immigration Attorney

  Answered on September 19, 2022

  52.5 months if not from China; 76 months if born in China.

• Mitch Wexler

  Immigration Attorney

  Answered on September 16, 2022

  You should certainly inquire and then seriously consider suing the agency by way of a Writ of Mandamus.