How can an EB-5 class action lawsuit be filed against USCIS or the US government? - EB5Investors.com
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How can an EB-5 class action lawsuit be filed against USCIS or the US government?

Can a class action lawsuit be filed to adjusted pending applications or to at least grandfather them in? Especially when USCIS was taking about 3 years to process I-526 leading up to all of this while funds are being invested basically for free. My wife”s I-485 is pending. Mine and my kid”s are ready to file I-485. I am willing to pay for the fee to file the suit!

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Answers

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Contact an immigration attorney handling Federal litigation cases - we do not.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Lots of clients call and there is absolutely no way a lawsuit can force USCIS to adjudicate cases when the law supporting the program has expired. We file many lawsuits but this will be a publicity stunt and will be dismissed for sure.

Robert V Cornish Jr

Robert V Cornish Jr

Securities Attorneys
Answered on

My opinion - what you have here is not exactly a class-action lawsuit, but it is pretty close. Under the Federal False Claims Act, you (the "relator") can file what is called a Qui Tam (pronounced KEE-TAHM) action alleging fraud against the U.S. Government by USCIS or its officials. One can argue that the failure of USCIS to process EB-5 petitions as the law requires defrauds the government of revenue that such people would pay as taxpayers of the U.S. You will not get anywhere filing a lawsuit against USCIS for negligence or whatever, since they are essentially immune from legal action.

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