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
A Olusanjo Omoniyi
Immigration attorneysIt 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.
Barbara Suri
Immigration attorneysCall the 800 number on your receipt for a status check or check online.
Bernard P Wolfsdorf
Immigration attorneysIf there are no replies and the case is substantially past due, then a federal district court mandamus action may be the only viable path.
Julia Roussinova
Immigration attorneysYou 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.
Marko Issever
EB-5 Broker DealersI 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.
Fredrick W Voigtmann
Immigration attorneysYou 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.
Lynne Feldman
Immigration attorneysOptions 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.
Phuong Le
Immigration attorneysAt this stage, if you've taken all those other steps, filing a mandamus may be one of your few viable options.
Charles Foster
Immigration attorneysWhen 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.
Salvatore Picataggio
Immigration attorneysThere 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).
Hassan Elkhalil
Immigration attorneysSince 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.
Sally Amirghahari
Immigration attorneysI would request for an expedite service request via the customer service phone line if they have been unresponsive.
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