How can I expedite my I-829 for EB-5? - EB5Investors.com

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Matthew T Galati

Matthew T Galati

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Dennis Tristani

Dennis Tristani

Immigration Attorneys
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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