I''ve been waiting for a decision on my I-829 for little over 3 years. I invested in a hotel project which had 900 investors and the group recently got "2" I-829 approvals. So is it safe to file a writ of mandamus at this point as I heard there are chances of a nasty RFE if I go that route?
If there have been I-829 approvals that is a very good sign there should be no problem with the project. Each case must be carefully evaluated by competent counsel and the decision is personal, although many of our clients have opted for this route and accomplished their objective.
You check the website of the local court, see what their filing requirements are, complete a complaint, file it with the court and serve it on the defendents.
Have you discussed the status of your petition and have you been able to get any useful information on what the holdup is? The RFE may become nasty since your court proceeding may show that they have failed to do things properly.
Hard to know about safe but check posted processing times and if outside those times then I would consult with a federal litigator.
If it has been pending for over 3 years, project has I-829 approvals already, sufficient jobs created, then yes, it is a good candidate for mandamus. We have filed a number with similar fact patterns recently. Mandamus is never a guarantee of approval, but if there are no project issues, unless there is a reason to issue a RFE for investor issues, then the only fight should be over ridiculous times.
A mandamus does not increase your chances of an RFE nor does it make the RFE more "nasty" as you say above. Speak with your attorney.
