Irina Lust
Immigration AttorneyYour case is already outside the processing time, so you need to have your attorney make an inquiry on the status of your case.
I filed my I-526 on September 15, 2015, but we have not received any reply from USCIS or an approved I-526. I would like to know how long it could take to get any sort of reply from USCIS?
Your case is already outside the processing time, so you need to have your attorney make an inquiry on the status of your case.
You should have received a RECEIPT NOTICE confirming your filing, which should have a case number/receipt number with which you can track the progress and follow up on your case status with the USCIS. If you filed in September 2015, you should have received a decision by now or at the least a Receipt notice.
Currently, USCIS is processing I-526 cases received as of 11/22/2015. Your attorney should make an inquiry with IPO regarding the status of your case.
USCIS is taking about 24 months to adjudicate. Yours is technically a few months past due, but several cases take longer. You may contact a law firm to file a mandamus action for a case unreasonably past due.
USCIS reports they are currently adjudicating cases filed on or before November 2015. As your case was filed 2 months prior to the posted date, it would be appropriate for your attorney to make an inquiry stating your case is now beyond the normal processing time to bring their attention to this matter. However, the response from USCIS may be that your case is with the adjudicator and will be reviewed, which is a stock response. It is the duty of your attorney to make periodic inquiries on your behalf until your petition is approved.
This is 2 months beyond normal processing time so you should aggressively inquire with the USCIS.
The program is under intense scrutiny and, for applicants from countries that have exceeded the national quota and are backlogged, processing times can take longer.
We have a similar case where the project has been delayed for almost 2 years. You should contact your regional center and ask them what they plan to do to address the delay.
As of today, USCIS is processing cases filed by November 22, 2015. You should hear from them shortly.
Once an EB-5 Investor Petition is filed on Form I-526 with the USCIS, it is currently taking at least 18 months or longer before the case is adjudicated. However, you should receive your receipt in approximately 2 weeks.