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What should I do if the adjudication of my I-526 is outside the normal time frame?

I submitted my I-526 application and received the receipt in April 2016. However, it has been three years and I have not received any further notice from the USCIS. My attorney has written to the USCIS regarding my case many times, but there is no update. What should I do now?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is advisable that you should contact the USCIS to find out what is happening to your petition. Also, you should consider filing and appearing for an InfoPass where you actually see the officials of USCIS.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may want to seek congressional inquiry assistance, contact ombudsman for inquiry assistance, or discuss filing a mandamus action in federal court with your attorney if the first two options do not produce result.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If there are no replies and the case is substantially past due, then a federal district court mandamus action may be the only viable path.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Call the 800 number on your receipt for a status check or check online.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can email the immigrant investor program office or you can call USCIS and ask them to open a service request. If USCIS refuses to answer, hire an experienced attorney and sue them.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    I feel for your frustration. That is quite a long time for a response indeed. Your attorney could file a mandamus. This will most likely force a decision. Unfortunately, it will not necessarily be a favorable decision, but at least you will no longer be in this indecisive period.

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    Charles Foster

    Immigration Attorney
    Answered on

    When your adjudication of your EB-5 petition on Form I-526 is that far out of the normal adjudication time, something is clearly wrong. If your attorney cannot determine the issue, in the end you may have no alternative but to file a federal lawsuit, a mandamus action in the appropriate U.S. District Court.

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    Phuong Le

    Immigration Attorney
    Answered on

    At this stage, if you've taken all those other steps, filing a mandamus may be one of your few viable options.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Options are to get a congressperson involved, communicate with the ombudsman to do an inquiry, and your attorney should regularly follow up. There is a special email for I-526 cases.

  • Avatar

    Sally Amirghahari

    Immigration Attorney
    Answered on

    I would request for an expedite service request via the customer service phone line if they have been unresponsive.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Since you have an attorney, consult with your attorney. He knows the specifics of your case and can serve you better. As a general comment, the processing times are delayed across the board. The processing times today, according to the USCIS website, are an average of 22 months.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is an option to file a mandamus action, which is basically suing USCIS to force them to make a decision (not necessarily a favorable decision, just a decision).

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