What is the processing time for I-526?

There is no retrogression of EB-5 petitions for Italian nationals. In spite of that fact, the waiting period for I-526 is still well over 24 months lately for most cases. Also, considering that your case was filed in December 2018, the timeframe it has been pending is reasonable. As a result, you may have a tough time justifying a writ of mandamus action. Advisably, before proceeding further, consult an attorney. n]

As of June 9, 2020, the average Processing time for I-526 applications is 29.5 to 44.5 months which is approximately 2.5 to 3.5 years. https://egov.uscis.gov/processing-times/ You stated that your priority date is December 2018, your case is still within normal processing time. You should continue to monitor the processing of your case as many factors could change this. As a result of the pandemic, USCIS has seen a reduction in applications as evidenced by a request for a 1.2 bailout from the Government. Without a bailout, adjudication systems could be dismantled which would cause further delays. However, a reduction in incoming cases may move the workload of existing cases along at a faster pace. A mandamus action is a complex matter and fact-specific. Mandamus actions are possible but many courts have said that the INA does not create a clear right to relief in the context of application adjudication delays. In your case, the application is still within "normal" processing time and other factors would need to be carefully reviewed to determine if you would prevail in a Mandamus action.

First do an inquiry with USCIS and then with the Ombudsman.

USCIS states its current processing time is 29 to 44 months. Most of our cases are being processed in about 2 years although we have filed mandamus actions for cases pending less than that.

If you would like to have a decision within 90 days, the only way to ensure it is by filing a Mandamus petition. Could your adjudication be just around the corner? Yes. Could your adjudication be 12 months away? Yes.

Whether to file a mandamus action is quite fact-specific. You should review your case first with an experienced immigration attorney and then decide what is the best action to proceed.

When USCIS implemented the new visa availability approach to I-526 processing, they promised that the processing times report would be updated to reflect the new reality. The new approach took effect on April 1, 2020, and the report has still not been revised as of June 2020. The current processing time for EB-5 petitions per the USCIS website is 32.5-49.5 months. Until the new policy is updated to the current processing reports, we will not fully know if the processing time for EB-5 petitions will be reduced from this current wait time. When one files the mandamus, it must then be served on government officials through the mail. After that, the government has 60 days to respond. Usually, within that time, a decision is made on the I-526 or I-829 application. A Mandamus is only recommended for cases that have been in processing with no response for 2 1.2 years or more.

If you file a mandamus case, the government will have 60 days to answer.

Priority date and processing times are different considerations. USCIS states the case inquiry date (basically, a case that is beyond processing time) is all the way back in 2016. That said, mandamus has been working for lots of people.

Provided you have taken additional steps to show that you have exhausted administrative remedies, such as case status inquiries, ombudsman requests, you may have a case for mandamus. It is best to have a consultation to see whether mandamus makes sense now or if you need to build up a case for mandamus.