Questions and Answers > EB-5 Investments

When should I file a writ of mandamus in my EB-5 case?

My application was submitted on 10/2017, will it be advisable to wait longer or should I proceed with a writ of mandamus? I am completely lost and have no idea on the status of my application. Should I check with USCIS first or what do I do next?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 9, 2022

  In my opinion, four and a half years to adjudicate an I-526 is unreasonable delay and Judges are agreeing with us. Very sad we have had to file mandamus actions to get adjudication.

• Anthony Cummings

  Litigation Attorney

  Answered on May 6, 2022

  You should exhaust your remedies with the agency before you resort to a lawsuit. I suggest you reach out to them for an update, see if they will let you make an appointment to go in to speak to someone first.

• Lynne Feldman

  Immigration Attorney

  Answered on May 6, 2022

  Check with UCSIS first and send an email to the investor section. If filing mandamus, you would like to be able to tell the court the efforts you have made directly to get this resolved with USCIS.

• Julia Roussinova

  Immigration Attorney

  Answered on May 6, 2022

  Consider filing for naturalization if you are eligible already. This may help force USCIS to consolidate cases and adjudicate your pending I-829 in order to adjudicate N-400. We have helped clients get approvals on long pending I-829s this way and avoid federal litigation. Hire an experienced immigration lawyer to assess your eligibility before filing N-400.

• Raymond Lahoud

  Immigration Attorney

  Answered on May 6, 2022

  There is no reason to wait - file now. You should secure counsel, however, to ensure that the matter is properly litigated.

• Salvatore Picataggio

  Immigration Attorney

  Answered on May 6, 2022

  I think you are more than ready for one.