How do I know if I can file a mandamus on my I-485? - EB5Investors.com

How do I know if I can file a mandamus on my I-485?

I filed an I-485 form around two years ago while my I-526 was pending. The I-526 was approved about 1 year ago, and the Priority Date has been current. Is this processing time taking too long? Is this enough to file a mandamus?

Answers

Lynne Feldman

Lynne Feldman

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

Possibly if the case is beyond the posted processing times. See USCIS website on this.

Johanna Keamy

Johanna Keamy

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

You may file an inquiry with USCIS if the case is outside of normal processing time. Current I-485 processing time can be up to 40 months, depending on the Service Center. Check processing time at https://egov.uscis.gov/processing-times/
USCIS has the following information on its website: "When can I ask about my case? Many routine factors impact how quickly a case is processed. We only allow inquiries for cases well outside the processing time listed above."
If your case is outside of normal processing time, you may try to obtain Congressional Assistance. This website may be helpful.
https://www.congress.gov/contact-us
Filing a mandamus action is a serious legal step when there are significant and unjustified delays in which you are adversely affected and all other avenues have been exhausted.

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