How can I file a writ of mandamus for my EB-5 I-526 that was filed three years ago?

Question

Why would USCIS consider a mandamus when the official timeline on their website is 52.5 months for the average processing of an I-526? What logic do they use while deciding to adjudicate the application faster than the average processing time? The announced processing time at the time of my application was less than 36 months, now it keeps increasing. Can this be sufficient grounds for a mandamus action? Is it advisable to file now?

Dennis Tristani · Answer

A three-year delay is likely to be seen as an unreasonable delay by a federal judge - I would recommend seeking counsel to help file a mandamus client.

Lynne Feldman · Answer

Good questions and I do not know the answer. Writ of mandamus is to claim the delay has been unreasonable, which it has. Likely to be a judgment call for the Court.

Bernard P Wolfsdorf · Answer

The critical question in a mandamus case is whether the delay is reasonable. It seems unlikely the position of the U.S. government is that three years is a reasonable delay, but they will be making this argument. Fortunately, so far, the judges have agreed with us that three years is unreasonable.

Mitch Wexler · Answer

Because the posted processing times are indefensible, especially to a judge in court.

Daniel P Hanlon · Answer

USCIS processing times as posted on their website are not absolute, and USCIS certainly cannot make egregious delays "reasonable" by extending the posted processing times.

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How can I file a writ of mandamus for my EB-5 I-526 that was filed three years ago?

Answers

Dennis Tristani

Lynne Feldman

Bernard P Wolfsdorf

Mitch Wexler

Daniel P Hanlon