Should I file for Writ of Mandamus if my I-526 is pending for two years? - EB5Investors.com

Should I file for Writ of Mandamus if my I-526 is pending for two years?

I am an Indian citizen with an EB-5 priority date in September 2018. I am not residing in the United States. Am I eligible to file for Writ of Mandamus?

Answers

Lynne Feldman

Lynne Feldman

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Answered on

You can file, but I do not know what the chances for success are, since their posted processing times are so ridiculous. It is a good idea though perhaps to file as a class action.

Fredrick W Voigtmann

Fredrick W Voigtmann

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Answered on

You are eligible to file a mandamus action since the delay caused by USCIS is unreasonable. You should consult with an experienced immigration attorney who has successful experience in mandamus actions.

Vaughan de Kirby

Vaughan de Kirby

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Answered on

Most counsel will not recommend a writ unless your particular application is beyond the USCIS published normal processing times. I would recommend you have a consultation with the attorney who filed your application on your behalf. He or she would be in the best position to advise you. ]

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

We are filing many writs of mandamus and the government is opposing most now. We are fortunate that most courts appear to be sustaining most of the replies so mandamus remains a viable option.

Dale Schwartz

Dale Schwartz

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Answered on

Yes, you are. It usually costs between $3500 and $5000 to do that. We have filed many similar cases and usually within 60 days you get your case decided or an RFE.

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