+1-800-997-1228
Questions and Answers > EB-5 Investments

What is the success rate of Writ of Mandamus for I-526 adjudication delays?

What is the success rate of the Writ Of Mandamus for I-526 adjudication delay? How long has to wait before filing Mandamus after tried and failed in other approaches?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    I can only comment about the mandamus actions we have filed and so far we have been successful in resolving all matters subject to mandamus actions.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no standard success rate. Whether a Writ succeeds or not depends on the merit of the case it is based on and series of factors, including but not limited to, for example the length of how long the case has been pending.

  • Avatar

    Daniel B Lundy

    Immigration Attorney
    Answered on

    It depends. My cases have had 100% success. But if you are too aggressive on filing before normal processing times, USCIS is likely to fight the mandamus and you risk losing before the judge. March 2018 is the cutoff we are currently using, unless there are special circumstances.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    I have not seen any successful cases, but perhaps they have not been reported widely.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Writs are very effective in forcing adjudication of i526s. There is no hard rule on when to file the Writ, but if you have exhausted all other venues and the petition has been pending more than 12 months, it is probably OK to proceed.

  • Avatar

    Sam Silverman

    Business Plan Writer
    Answered on

    The success rate for a writ of mandamus for I-526 adjudication delay is quite high if your I-526 petition has been pending for at least two years.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    We have had a lot of success with Writs. Of course, this only forces USCIS to make *a* decision, not necessarily an approval.