Questions and Answers > EB-5 Processing Times

Is contacting the congressman of my state advisable for accelerating my EB-5 case?

My I-526 application has been pending since March 2017. I heard that contacting the congressman of a state might sometimes help push a case forward. Is it advisable for EB-5? If so, should I contact the congressman where I reside or the congressman where my regional center is located?

Answers

• Stephen Berman

  Immigration Attorney

  Answered on June 4, 2020

  If the visa is available, it may be useful. If the visa is not yet current, it would not be helpful.

• Steven D Heller

  Immigration Attorney

  Answered on June 4, 2020

  I do not think there is any harm in contacting a US Congressional Representative or Senator. The extent to which it can help varies, but if a case is identified as having "Congressional Interest," it will ensure that it is monitored. I would recommend working with Congressional offices in the location of the investment enterprise.

• Ying Lu

  Immigration Attorney

  Answered on June 4, 2020

  I do not think it will be helpful because your case is not out of the processing time. USCIS is currently processing cases filed before 09/21/2016. You can check the processing time here: https://egov.uscis.gov/processing-times/

• Michele Franchett

  Immigration Attorney

  Answered on June 4, 2020

  We have not found Congressional inquiries to be particularly effective. It seems these days that filing a mandamus action is the most effective way to get USCIS to perform its legal obligation to adjudicate cases that are long overdue. That said, a mandamus lawsuit might not be advisable if the I-526 petition is not a strong case.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on June 4, 2020

  Contacting a congressional representative is a good idea; it is free and sometimes it results in movement on the case. Usually, the congressional representative''s office will have a designated person or department to handle immigration cases; they usually want to hear from "constituents," those U.S. citizens in their district who vote, but they do represent all people who live in their district, not just U.S. citizens. You could ask your regional center if they have had any success using the congressional representative in whose district the EB-5 project is located. Also, you could ask the regional center if they have any EB-5 investors whose I-526 petitions were filed prior to or around the same time as yours.

• Lynne Feldman

  Immigration Attorney

  Answered on June 4, 2020

  It will only help if your case is outside posted processing times - check that first on the USCIS website. Then call USCIS first.

• Catherine Rushford-Padilla

  Immigration Attorney

  Answered on June 4, 2020

  There is no way to expedite an EB-5 application. As you mentioned, you can write or contact a U.S. senator or congressional representative to try to expedite your case. In our experience, it does not work. You may be better of seeking another route rather than EB-5, if you qualify, to handle your business needs.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on June 4, 2020

  It cannot hurt to contact your Congressional reps. If you have a compelling case, it might help speed up your case. But more importantly, it would look good in your Mandamus lawsuit, which is really the only way to get your case adjudicated on your timeframe.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on June 4, 2020

  My experience is that congressional inquiries merely produce the same response-the case is pending. Occasionally, they may even respond that there is a problem. I do not find congressional inquiries helpful.

• Dale Schwartz

  Immigration Attorney

  Answered on June 4, 2020

  Sometimes it helps. No guarantee.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on June 4, 2020

  The suggested congressional intervention process will not necessarily speed up the processing of your EB-5 petition.

• Salvatore Picataggio

  Immigration Attorney

  Answered on June 4, 2020

  Perhaps the regional center can do this on your behalf. You raise an interesting conundrum regarding who to contact, so if you were to do it yourself, why not both?