I currently reside in California and filed a direct EB-5 (I-526 standalone) petition on July 18, 2023. Although the filing fee was deposited immediately, I did not receive a receipt notice until April 7, 2025, nearly two years later. The receipt confirms the original filing date of July 2023. Since then, my I-526 remains pending with no Requests for Evidence or updates from USCIS. My Case priority date was set for March 8 2026 and it is currently past due. I have reached out to USCIS twice since then, and they have told me there are no updates on my case.
At the time of the initial filing in July 2023, I also submitted Form I-485 and Form I-765 concurrently (C9 category). However, because USCIS failed to properly register my I-526 in their system, both applications were denied in error without any formal denial notices. I only discovered this after multiple follow-ups with USCIS. I re-filed both the I-485 and I-765 on July 14, 2025, and they were accepted. I then submitted a request for expedited review of the I-765 on August 20, 2025. On September 27, 2025, USCIS confirmed my case met expedite criteria and was forwarded to the service center with a referral ID, with a promised response within 10–15 days. As of now, there has been no follow-up, and USCIS indicates the request is still open but not yet reviewed.
This is a direct EB-5 investment in Southern California (TEA – high-unemployment area). My business is fully operational, employs 11 full-time U.S. workers, and generates over $5 million in annual revenue. Would a judicial remedy be appropriate at this stage, or are there any other alternatives I should consider?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysThere may be some confusion since you said the receipt confirms the 2023 filing date but you say you have a 2026 priority date. The filing date for an I-526 is the priority date. You really need an immigration specialist to review your full file as it seems there are major issues. Hopefully you have maintained underlying lawful status and are not here without lawful status.
Lynne Feldman
EB-5 Immigration attorneysYes, I would consider mandamus with your facts.
Jimena G Cabrera
EB-5 Immigration attorneysCongressional assistant may work on your case.
Matthew Kolodziej
EB-5 Immigration attorneysWe have successfully filed for mandamus in district court in similar cases.
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