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Questions and Answers > EB-5 Investments

Are all EB-5 visas processed through CSC and how can I speed up the process?

I want to immigrate to USA but because of the long processing time of I-485 I can''t. CSC says the I-485 process time is 9 to 55 months. is it true that all I-485-based EB-5 visas are processed through CSC? How long is the I-485 process in real time? Do I have any options to speed up the process?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Most of these cases are taking about 1 - 2 years. You can apply for an expedite if you meet the criteria, and if it’s unreasonably delayed, you might succeed on a mandamus action.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS’s posted processing times are... weird? They use some funky math. The more helpful figure on that page is the date of inquiry. Even then, I-526 and I-485 processing, anecdotally, is all over the map. If cases drag on, there is always the option of filing a writ of mandamus to compel USCIS to make a decision on the case. Keep in mind that you have to have the I-526 approved before filing the I-485.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    All cases are filed at the CSC. They then are immediately transferred to the Immigrant Investor Unit at the Immigration Service Headquarters in the Washington, DC area, where they are adjudicated. Unfortunately, there is nothing you can do to speed up this process.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    50% of the I-485s are processed at the lower end of the range, while 93% are processed at the upper end of the range. Expect about a year or so of processing with EAD and travel granted in about 6 months.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    If you need a visa, you will not need to deal with CSC (which does not process visas). All visas are processed at U.S. consulates and your I-526 visa would be, too. If you are in the U.S., then yes, you will adjust your status to residence (assuming you meet the eligibility criteria) through the CSC. Processing time is 16+ months. You may be able to speed it up through federal litigation.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Options to expedite are very limited. I agree that processing times are ridiculous. It would be a good case for a writ of mandamus to the court claiming outrageous processing times.