What are the chances of a successful Writ of mandamus if there is reasonable delay in an EB-5 I-485 adjudication? - EB5Investors.com

What are the chances of a successful Writ of mandamus if there is reasonable delay in an EB-5 I-485 adjudication?

What are the chances of successful Writ of mandamus if there is reasonable delay in EB-5 I-485 adjudication? What would be a reasonable delay?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Over two years maybe; we just filed one that was close to three years.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

With a reasonable delay, chances of success are high. What is reasonable depends on who you talk with, and what is a reasonable effort/time frame to get to a successful outcome (i.e., 60 days after filing or 5 months after filing) also depends on who you talk with.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

If there is "reasonable delay" then mandamus will surely not work. I think you mean "unreasonable delay". Hard to say, but if your case has been pending 24 months or more, a judge should force the USCIS to rule on it.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Check posted processing times; if outside that then certainly reasonable to file a writ.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

If there is an unreasonable delay, then the chances of getting USCIS to adjudicate the I-485 by using a mandamus action are quite good; whether the I-485 is approvable or will be approved depends on the facts/law specific to that case.

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