Questions and Answers > EB-5 Requirements

How can we advance an EB-5 case affected by the 1998 AAO decisions?

My family filed for EB-5 in 1996, and we have been impacted by the 1998 AAO decisions. After 20 years of waiting, we still have NOT received adjudication. What can we do now?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on February 1, 2016

  Filing a mandamus action in federal court may be an option; however, you should hire an immigration attorney to review the facts and advise you properly.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 29, 2016

  You can file mandamus but be careful many of those cases never had $500,000 invested, so it could be denied.

• Robert Lee

  Immigration Attorney

  Answered on January 29, 2016

  You can file a writ of mandamus to force the USCIS to make a decision on your case.

• John J Downey

  Immigration Attorney

  Answered on January 29, 2016

  After 20 years you may be precluded by a statute of limitations, but you need to contact a U.S. immigration attorney to review the case and advise you on a personal basis.

• Ian E Scott

  Immigration Attorney

  Answered on January 29, 2016

  Without the facts it would be impossible for anyone to advise. You should hire a lawyer to assist you or ask your current lawyer if there are any other remedies.

• Robert V Cornish Jr

  Securities Attorney

  Answered on January 29, 2016

  File a writ of mandamus.

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 29, 2016

  A mandamus action may be helpful. We would need to know more about the investment you made. Was it a regional center project or direct project? Is there any way to withdraw from the project and receive a refund? Are there children derivative beneficiaries that are now over 21?

• Charles H Kuck

  Immigration Attorney

  Answered on January 29, 2016

  Federal court litigation is your only viable option.