How can the new policy of I-526 processing expedite my case? - EB5Investors.com

How can the new policy of I-526 processing expedite my case?

I am an Egyptian. Can the new policy of USCIS for I-526 petition processing push my case forward faster? I filed my I-526 in December 2018 and it is still pending. Is there any way to expedite my case?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

If you meet the current emergency expedite criteria you can request expedited processing. We have also had to file mandamus actions in certain egregious cases and that too has helped resolve certain cases.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

No really. The new policy just means your case may be acted on sooner but it is still in the order it was received but only for those whose cases have a current Priority Date as yours does.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

You are probably very close to adjudication. We see most cases adjudicated at the 24-month mark. If you do not have a response by Spring 2021, you can consider a Mandamus filing.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

USCIS I-526 adjudications policy is to adjudicate I-526 petitions based on immigrant visa number availability. This simply means that I-526 petitions submitted by EB-5 investors born in mainland China or Vietnam will be adjudicated only when immigrant visa numbers become available based upon the I-526 priority date (filing date). For all other I-526 petitions, USCIS will adjudicate based on internal policy, which seems to include bundling I-526 petitions and assigning them to teams of adjudicators based upon the regional center. The I-526 processing times are still lengthy, with only a very few I-526 petitions being expedited. USCIS expedite criteria can be found at: https://www.uscis.gov/forms/forms-information/how-to-make-an-expedite-request. To request an expedite, you should email the Immigrant Investor Program Office and provide documentary evidence that your situation fits into one or more of the expedite criteria.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

The new visa availability procedure should help move your case along faster. Expedite is not really available, but a writ of mandamus may help you, depending on your circumstances.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.