How would filing a mandamus affect my EB-5 case results? - EB5Investors.com

How would filing a mandamus affect my EB-5 case results?

The receipt date for my EB-5 I-829 is May 2020. I am thinking of filing a mandamus to expedite my case. Does a mandamus result in an RFE or denial of my petition? Is it advisable in this case?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The government is barred from retaliating because you pursue your legal rights, at the same time, it may be prudent to ensure there was adequate job creation and the case is otherwise approvable, where possible.

Dennis Tristani

Dennis Tristani

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Your case could very well be ripe for a mandamus action - the facts of your specific case, including where you reside, will also play a role.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

A writ of mandamus has nothing to do with substance of your petition; WOM concerns only a delay. If your I-829 should be RFEd, it will be whether you file a WOM or not. If you file a WOM, it will be RFEd sooner.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Suggest you review the merits of your case with the litigator.

Sunwook Sunny An

Sunwook Sunny An

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Mandamus lawsuit is simply asking the agency to adjudicate the pending case. It does not affect the outcome of the case one way or another.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It depends on your unique facts.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.