How could the new I-526 processing time affect the adjudications of Writ of Mandamus? - EB5Investors.com

How could the new I-526 processing time affect the adjudications of Writ of Mandamus?

How could the new I-526 processing time affect the adjudications of Writ of Mandamus filed before the update from USCIS?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

The government may in reality argue to the court that the new internal administrative rules should be given priority in an attempt to usurp any basis for the Writ of Mandamus. Regardless, the Writ actions are not likely to disappear for a while as delays will continue to happen. If you have any case that has been pending for too long, pursuing a Writ action will be logical.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

It is probably helpful to your argument that IPO delay is arbitrary and in violation of the APA.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

The new processing time is really unbelievable and know one knows how it will impact the adjudications since each Judge may have a different view.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

USCIS still states 46 to 75 months. I think Writs are going to be a valuable tool for some time.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

It depends on how the court handles USCIS excuses on why it is taking so long. Good news is sometimes to avoid the lawsuit they just take your case out of order.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If the case is currently in normal processing time, it will negatively affect a petition for writ of mandamus.

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