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What are my options if my I-526 case processing is severely delayed?

I submitted my EB-5 petition in July of 2016. It has been nearly 28 months and my petition is still pending. When I checked with USCIS, they said the case was not even assigned to an adjudicator yet. Is it normal? What step should I take next?

Answers

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    Phuong Le

    Immigration Attorney
    Answered on

    You should be able to request a case status update through USCIS and afterwards, possibly escalate it for further review. Congressional inquiry is another option, but make sure you go through your vanilla options first.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    The delays of adjudication are quite normal. The best thing to do is to visit the USCIS.gov website and check the processing times for the IPO. That is the office that adjudicates EB-5 cases. They publish the date of the cases they are working on.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not unusual. Have your immigration attorney inquire with EB-5 unit via email why the case is not yet assigned to an adjudicator. The average processing times are about two years these days.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    This is normal. It is taking USCIS more than two years to adjudicate I-526 petitions.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Other than making an "out of processing time" inquiry, not much, short of literally filing a lawsuit in federal court to force a decision.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Have your immigration lawyer to make an inquiry stating that your case is way beyond the normal processing time and request an expedite. While they will never expedite the case, if he mentions how many months it is beyond normal processing, they will at least track it down and assign it to someone. Your lawyer should keep submitting inquiries every 30 to 60 days until it is adjudicated.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Check the processing times on their website and if outside normal processing times, then you can initiate an inquiry.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    That is not normal. Do you have a lawyer?

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, there is a lot you should be doing now. You and your attorney should be following up with USCIS IPO in writing every 14 days (it seems redundant, but you need to develop the record). You should also place a service request via the national customer service line. Then take the record of non-responsiveness it to the ombudsman's office. Finally, if all of this fails, you can file a petition for a writ of mandamus in federal court and this will cause USCIS to adjudicate within 60 to 90 days maximum.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The case is not severely delayed by only just past due. IPO is presently processing cases from Aug. 26, 2016, so it is past due a few months. You can submit an outside normal processing time service request online.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is advisable that you should consider doing an InfoPass with the local USCIS office so as to get a close range information on what is going on with your case. If everything has been examined, the only option really is to wait since the case is still pending.

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    Charles Foster

    Immigration Attorney
    Answered on

    When the adjudication of your EB-5 investor petition on Form I-526 is delayed beyond normal processing time, it is often difficult to get the USCIS to respond. You can contact USCIS itself when the processing of your EB-5 petition is beyond the stated processing time and you can also seek assistance from your senator and congressman in the jurisdiction where you reside; sometimes a congressional inquiry will help bring attention to a case that has been overlooked in the adjudicatory process.

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