Questions and Answers > EB-5 Forms

What should an EB-5 investor do if their I-829 application has been delayed for almost three years?

I am almost three years into my EB-5 I-829 application with two I-551 extensions after the initial 18-month extension. I am considering asking for intervention from my Congressional Representative. Has anybody had success going this route? What other options do I have?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on January 25, 2023

  A Federal lawsuit is another option. Posted processing times are ridiculous.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 18, 2023

  Congressionals do not work. Sadly we only had success with mandamus actions.

• Halston A Chavez

  Immigration Attorney

  Answered on January 17, 2023

  Some people have success with their Congressional Representative if their I-829 has been pending outside the USCIS processing times, which is currently at 61 months for an I-829. This is outrageous seeing that the statute requires USCIS to adjudicate an I-829 within 90 days. Another option is to file an unreasonable delay and unlawful withholding lawsuit against USCIS.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on January 17, 2023

  A petition for the writ of mandamus is your best bet.

• Matthew T Galati

  Immigration Attorney

  Answered on January 17, 2023

  Sue them. We do it all the time.

• Dennis Tristani

  Immigration Attorney

  Answered on January 17, 2023

  Filing a mandamus lawsuit to compel USCIS to adjudicate your I-829 would be your next option. These suits can be successful for cases pending longer periods of time (3-4 years +).

• Micol Mion Gordon

  Immigration Attorney

  Answered on January 17, 2023

  I understand your frustration. Unfortunately, USCIS’ current processing times for Form I-829 is 61 months from the time it received the removal of conditions application. Therefore, if your application has been pending for 3 years, it is still within "normal processing times." You can ask your Senator or Congressman’s office to inquire about the status of your case. The request to the Senator or Congress can usually be submitted online on the website of the former. Nevertheless, USCIS will probably respond that the application is within normal processing times. You may also decide to sue USCIS by filing a Writ of Mandamus in Federal Court. You will need to consult with an immigration attorney in your state to assess whether the case law in your jurisdiction is favorable to I-829 cases that have been pending for over 36 months. It is important to note that since your status as Legal Permanent Resident will continue to be extended while your I-829 application is pending, the attorney representing USCIS will most probably file a motion to dismiss the case.

• Stephen Berman

  Immigration Attorney

  Answered on January 17, 2023

  Check the CIS website for their average processing times. If you are within their average times, you should just wait.