Based on the updated average processing times, USCIS is taking almost two years to adjudicate I-829 petitions. Considering this major delay, is there any point in an individual investor taking action to get their petition to remove conditions reviewed more quickly? In other words, will an EB-5 investor have to wait anyways even if they file a mandamus, for example?
You may file mandamus action if your I-829 is beyond the posted average processing times.
A mandamus is about the best way to get something moving.
As the situation stands, there is no reliable expedited method for I-829; even the writ of mandamus has not been effective.
Generally, an immigration applicant should wait until the posted processing time has passed before taking further action, as the standard response to any such action would be "the case is still within processing times" or something similar. As the change to I-829 processing times is such a recent occurrence, we may see some investors move forward with actions to obtain a faster adjudication.
The delay in adjudicating Form I-829 petitions to remove conditional status means that the petitioner has not yet removed the conditions for a longer period of time meaning that during that time the investment must remain at risk. In theory it would be better for the individual I-829 petitioner to take action to have the petition reviewed quicker, although that can be very difficult when the problem is not the individual petition but rather the fact that USCIS is generally taking a longer period of time. While it is true an individual I-829 petitioner may file a writ of mandamus, normally the only basis to do so is where the government has failed to adjudicate an individual petition within the normal time frame for everyone else. Thus, if the delay is a general delay affecting all petitioners, it is unlikely that filing for a writ of mandamus in federal court would be effective.
In order to succeed, you have to show your application is taking an unreasonably long time - that is at least a few months beyond the published time. If the government has a reason to delay, such as conducting an investigation, the government will oppose the mandamus action.
You have to wait.
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