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My I-526 was approved in December but USCIS still has not sent my EB-5 case to the NVC. What can I do?

My I-526 was approved in December 2020 and it has been about 5 months but USCIS still hasn''t sent my case to the NVC. How long does it usually take? What can I do to speed it up?

Answers

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The typical time for transfer to the National Visa Center is approximately 30-45 days. My suggestion is that you reach out to the NVC as soon as possible to see if the approval was transferred for consular processing. Otherwise, you will have to file an application for action on an approved application or petition.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can reach out to IPO via email but this is what we seeing now; very slow to get file from IPO to NVC. Not clear whether delay is at IPO or NVC intake, or both.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    A mandamus here might be best. Congressional inquiries seem to not work. The file could be lost. Consulting a litigation attorney might be the most efficient way to handle.

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    Phuong Le

    Immigration Attorney
    Answered on

    We actually just resolved this issue for a client who had his case ping ponging back and forth between the USCIS and the NVC. We filed Mandamus and less than two months later, everything got resolved.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    You can file a writ of mandamus action in federal court to compel them to forward your case to the National Visa Center.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can email the NVC and ask them to request the file from USCIS.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Ask your lawyer to intervene.