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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?

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    Fredrick W Voigtmann

    Immigration Attorney
    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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    Dale Schwartz

    Immigration Attorney
    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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

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

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    Belma Demirovic Chinchoy

    Immigration Attorney
    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.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

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