What should I do with my EB-5 I-526 pending for 3 years? - EB5Investors.com

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

Ed Beshara

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Ying Lu

Ying Lu

Immigration Attorneys
Answered on

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.

Mitch Wexler

Mitch Wexler

Immigration Attorneys
Answered on

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

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