I filed my EB-5 application in September 2019. The project I chose received expedited processing status from USCIS. USCIS sent an RFE to my lawyer recently, requesting a simple affidavit. We responded to the request immediately. How long should I expect to get a decision? Their processing has taken much longer than expected already and the EB-5 firm filed a mandamus action a couple of months ago.
Answers
Fredrick W Voigtmann
Immigration AttorneysThere is no set time for USCIS to complete its adjudication after an RFE response is received. Most cases can be adjudicated in 60 days, but if there is a complex issue or more investigation needed by USCIS, the processing time can be much longer. In your situation, it seems like the response was simple enough. The fact that there is an expedite request and a pending mandamus should help.
Bernard P Wolfsdorf
Immigration AttorneysAn RFE response can take months or longer. There is no fixed time. Unless it is outside the published processing times, they will not even entertain inquiries.
Salvatore Picataggio
Immigration AttorneysOften, the RFE says an answer should come in 60 days or so, but that is usually not adhered to. After that point, e-requests can begin.
Belma Demirovic Chinchoy
Immigration AttorneysRFEs are usually adjudicated within 60 days. But given you have filed a mandamus over 60 days ago, you will likely hear from the AUSA (Assistant U. S. Attorney) first.
Dale Schwartz
Immigration AttorneysSometimes 2 weeks; sometimes 2 years. It depends on whose desk the case languishes.
Daniel B Lundy
Immigration AttorneysOn average, 30-60 days. However, USCIS timing is inherently unpredictable.
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