I have been waiting for more than 24 months for my I-526 approval. The status online says ''Still Reviewing.'' Apparently the project that I invested my money in still also has not received ''Exemplar Approval''. A friend told me that I should file a Mandamus to order USICS to give an answer. I am in the United States and about to be out of status because my visa will expire in two months. If I file a Mandamus, will I be able to stay in the United States while it is reviewed? Will the Mandamus help if the project has not received exemplar approval?
Mandamus does not extend your current status. The average time for the I-526 is close to 16 months. It comes with a big standard deviation. You should reach out to the regional center to ask them what steps they are taking, if any. They might have received RFEs on their exemplar application, which is causing delays.
You file a Mandamus, which means that you will file a lawsuit with the court to ask USCIS to make a decision. You can not ask USCIS to approve your application. You can just ask them to make a decision in a reasonable time.
The mandamus is a formal request to the court to order USCIS to make a decision on a case. In your case, if the exemplar approval is necessary before the I-526 is approved, the decision will more than likely be a denial of the I-526. Upon the filing of a change of status application while in the United States, the applicant remains in legal status until USCIS makes a decision on the application.
The Writ of Mandamus is a cause of action one can file in court to ask that a governmental agency take action on a pending matter with that agency. In essence, the court is being asked to direct an agency to perform its duty on a matter before the agency. It is advisable to talk to an EB-5 attorney to determine if your matter deserves a writ action or not. Lastly, even if you file a writ action, you cannot stay in the United States while the action is pending.
This could be an option when USCIS' decision is out of the normal processing time. You must consult with an attorney.
A mandamus action is basically suing the government to force them to make a decision on the case. It will not allow you to remain in the United States longer than your current authorized stay.
Filing the Mandamus will not allow you to continue to remain while it is adjudicated. The fact that the project has not received approval is the main problem. The project directors need to seek the remedy.
The court will decide if the delay is unreasonable and push the government if it is.
The mandamus will likely result in a decision, not necessarily an approval. This is a Federal District Court legal action requesting that the court order USCIS to make a decision. At 25 months, you are right on the cusp of whether a judge would grant the order. Regardless, USCIS has 60 days to answer the complaint, so it may not help you.
