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How long does it take to process an I-526?

Yesterday when I checked USCIS, the processing time for I-526 was still 32-44 months. But when I checked it again today, the processing time extends to 61 months. Why does this extension happen? Also, I filed my I-526 petition in April 2017, and I have been waiting for more than 3 years. What should I do?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    More than 50% of I-526 cases are processing within a shorter time frame. The longer time frame is how long it takes USCIS to complete 90% of I-526 petitions. If your I-526 petition has been pending for more than three years, you should consult with an experienced attorney who can advise you regarding possible litigation, i.e., Writ of Mandamus, in federal district court to cause USCIS to adjudicate your I-526 petition in a reasonable time.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The longer processing time is an indication there may be a retrogression with your country of origin. In the last few years, some countries are experiencing longer waiting processing time than others particularly China, India and Vietnam have been experiencing retrogression.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You should file a Petition for a Writ of Mandamus. We are seeing a lot of decisions come 24 to 30 months after filing, but some cases remain pending for over 36 months.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The published dates are terrible and change all the time. Presently its 29.5 months to 61 months and no inquires unless filed before May 21, 2015. If there are urgent or compelling reasons to immigrate, I would consider a mandamus but those can also be a fight nowadays.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If it is still within normal processing, then not much. You can do except file a lawsuit called a Writ of Mandamus to claim the wait time is unreasonable.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Despite fewer and fewer petitions being filed over the last few years, and filing fees (resources) increasing, the processing times keep rising. Many are successful with a Writ of Mandamus where we actually sue the government to force them to make a decision, which could be an RFE or outright approval, but it is a decision nonetheless.