How effective is it to file an Ombudsman? - EB5Investors.com

How effective is it to file an Ombudsman?

As a petitioner waiting for I-526 approval for over 27 months, how effective will it be to file an ombudsman request?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

A writ of mandamus may be a better path to getting a decision, but ombudsman report will at least show you are trying every other option.

Phuong Le

Phuong Le

Immigration Attorneys
Answered on

It''s better to think of an ombudsman request as a necessary part of building the record if you eventually need to file a writ to sue USCIS to adjudicate your case. A fundamental requirement is that you need to show that you have exhausted all available remedies to you before filing the writ to force USCIS'' hand later on.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

First, check to see if outside normal processing time. It might be more effective if that is the case to get a local Congressman or Senator involved.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

It is a good thing to try. Although it may not be effective, it will be helpful if you want to file a mandamus lawsuit in federal district court to show the judge you made consistent and diligent efforts to inquire about your case, but USCIS has not answered and has unreasonably delayed adjudicating your petition.

Anthony Cummings

Anthony Cummings

Litigation Attorneys
Answered on

It may be helpful or it may not, but it is not a problem to start with that.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Not very, but it is a good idea to file a request in preparation for filing a Mandamus petition.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Twenty-seven months is not past due according to USCIS, so Ombudsman follow-up is not likely to have any impact.

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