I am concerned that my EB-5 application might face delays due to the backlogs and limited staff at the USCIS. I’ve read about all these cases where people have had to go to court to get the USCIS to look at their applications. I would like to avoid legal action as much as possible if this were to happen to me. So, is there any other way to get the agency to review my petition as it should?
Answers
Lynne Feldman
EB-5 Immigration attorneysYou can push them if the case is outside the normal posted processing times for that type of case.
Tony W. Wong
EB-5 Immigration attorneysYou can try all available administrative actions including sending an inquiry to USCIS through their on-line enquiry portal, sending email to IPO, and if you still have not got any positive reply, you can file an Ombudsman complaint on-line, their website is https://www.dhs.gov/case-assistance
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysWe are seeing EB-5 approvals without litigation. For cases that have been pending for longer than usual, a litigation through a writ of mandamus is a good tool to speed up the adjudication process. However, a writ of mandamus cannot make USCIS to specifically approve your case. It can only make them act on your case (i.e. approve, deny or issue a request for evidence). Before you proceed with litigation, make sure to discuss with your attorney the strength of your case.
Anthony Cummings
Litigation AttorneysMany people have resorted to litigation since there is no other effective way to get the attention of the agency.
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