Should I file for writ of mandamus for my I-526 pending for two years?

Currently the I-526 Petitions are taking over 2 years (close to 3 years) to process. Unless there is a time urgency or special circumstance, it may be advisable to wait a few more months before action is taken. Also, consult your attorney on the best course of action.

These Writs are often successful to get cases moving.

They are showing 46 to 74.5 months for processing. I don''t know what a judge would say but these do seem to be outrageous processing times.

The decision to proceed to a Writ action depends on a variety of factors, including but not limited to, country of origin of the petitioner, what has transpired on the petition to date, and a host of other factors. Advisably, consult either with your EB-5 attorney or any other EB-5 attorney before you proceed further.

They have just moved the average processing times to a ridiculous 46 months to 74.5 months. So now you have to wait more than six years to do an inquiry. We filing lots of mandamus cases but if its less about 2 years, they will attempt to dismiss and not settle.

I would give them a little time. They must be close to working your file now. Mandamus will work, but you want them to retaliate by nitpicking your file even more than they usually do. We gave filed many successful mandamus cases, but rarely for EB-5 cases.

If your priority date is current, you certainly could consider preparing and filing a mandamus action now. Make sure you document your efforts to inquire about the status of your pending I-526 petition and you should consult with an experienced immigration attorney who has filed successfully mandamus actions in the past.

How long has it been current? If it is been current for 12 months, you can give it a try.

We have heard that USCIS is fighting mandamus cases for I-526 petitions filed after March 2018. Also, if there is a furlough at USCIS, that may give USCIS an easy argument about why they can not work on your case. Unless there are special circumstances, I would wait six months or so before filing a mandamus.