I am from India. My EB-5 priority date was Nov. 9, 2018. When do I expect my I-526, it has been 30 months (2.5 years) already. When i started this application it was quoted as 14 months for I-526.
Answers
Lynne Feldman
Immigration attorneysProcessing times change constantly. Currently showing 30-54.5.
Phuong Le
Immigration attorneysIndian EB-5 investors have to wait in the same line as everyone else. Worse comes to worst, I think your best, most realistic shot is filing mandamus to force adjudication.
Bernard P Wolfsdorf
Immigration attorneysThe current processing times for I-526, according to published info on the USCIS website, is 30 months to 48.5 months.
Linda Liang
Immigration attorneysThere is no difference in adjudication for countries. For processing time, you should go on www.uscis.gov and find processing time for EB-5.
Belma Demirovic Chinchoy
Immigration attorneysWe are seeing a lot of decisions come in around that 30-month mark, but there is a lot of inconsistency. Be prepared for a lot more waiting. Consulates are not processing IVs and USCIS is taking 2+ years to adjudicate AOS based on EB-5. Or prepare to file a federal complaint.
Karen-Lee Pollak
Immigration attorneysIt is taking at least 38 months. The USCIS is severely backlogged because of the COVID-19 Pandemic. When you were told of the processing times in 2018, nobody could have predicted COVID-19 and its impact on processing times.
Fredrick W Voigtmann
Immigration attorneysUSCIS posts average processing times that reflect a wide time range. Most of the petitions/applications are adjudicated at the lower end of the range. Since there is no immigrant visa number cut off date for Indian-born EB-5 applicants, your I-526 petition should be adjudicated based upon the "visa number availability" approach used by the Immigrant Investor Program Office. If you do not receive an adjudication (approval, RFE, or NOID) within the lower end of the time range, you could email the IPO for a status update. You likely will get a response, if at all, that says your petition is pending adjudication. The processing time when you filed the I-526 petition does not control and is no longer relevant because it only addressed inventory and processing times for previously-filed I-526 petitions. In other words, the posted average processing time when you filed your petition is not a good predictor of actual processing time.
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