Questions and Answers > EB-5 Forms

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

My priority date for I-526 is September 2018. In your opinion, what would be the most appropriate time to file for write of mandamus?

Answers

• Stephen Berman

  Immigration Attorney

  Answered on July 21, 2020

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

• Daniel B Lundy

  Immigration Attorney

  Answered on July 21, 2020

  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.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 21, 2020

  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.

• Dale Schwartz

  Immigration Attorney

  Answered on July 21, 2020

  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.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on July 21, 2020

  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.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on July 21, 2020

  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.

• Lynne Feldman

  Immigration Attorney

  Answered on July 21, 2020

  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.

• Salvatore Picataggio

  Immigration Attorney

  Answered on July 21, 2020

  These Writs are often successful to get cases moving.

• BoBi Ahn

  Immigration Attorney

  Answered on July 21, 2020

  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.