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How can I expedite my I-829 for EB-5?

My receipt date for I-829 is April 2019. It will be 3 years next month and was wondering if there is any way to expedite the process? Also has anybody got any I-829 approval(s) lately and how long did it take after submitting the application?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You will likely have better success with filing a mandamus action in federal court to force USCIS to adjudicate your pending I-829. You may also consider filing N-400 that may move your I-829 processing along because USCIS will have to consolidate your cases and approve your I-829 in order to approve N-400, assuming your I-829 is approvable as filed and you are otherwise already eligible to file N-400.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    We recently received I-829 approvals for December 2018 I-829 processing times (uscis.gov).

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    Dennis Tristani

    Immigration Attorney
    Answered on

    USCIS expedite criteria can be found on their website. Unfortunately, USCIS rarely grants them consistently - although if you have a qualifying request I would definitely make it. Given the amount of time your case has been pending, you would likely have more success filing a mandamus lawsuit against USCIS to compel them to adjudicate the case.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    They are taking many years and the only cases we are getting adjudicated are those for which we file mandamus actions. Very sad.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    I am not sure if USCIS recognizes I-829 expedites. I have never heard of an expedite request being successful. However, I-829 mandamus lawsuits can be. Our last lawsuit netted an approval on Monday. The investor filed his I-829 in January 2021. Of course, individual results may vary and it may not be the right option for everyone.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Typically, people file a writ of mandamus (aka sue the government to force USCIS to make a decision), which can definitely get things moving, but can also result in a nasty RFE or even a NOID.