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What should I do if my I-526 is pending for three years?

I am from Ecuador and filed an I-526 application in December 2017. I received no response from USCIS since then. I would like to know what I should do. I currently live with my family in Ecuador.

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Unless the "inquiry date" has passed your date of filing, you wait longer. I-526 petitions have been taking two to four years.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If your case is beyond the normal processing times, you should send a customer service request.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    You can try to make inquiries with USCIS and the Immigrant Investor Program Office (IPO) about the delay. You may also try to seek Congressional assistance by asking a U.S. Senator to make a congressional inquiry into your case. If those actions do not help, you may also consider having a lawyer file a Writ of Mandamus in federal court to ask a judge to order USCIS to render a decision in your case. A mandamus complaint is somewhat akin to a min-lawsuit and may help your case move along.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Check in with USCIS just in case that proves to be effective for you but, at the same time, start preparing for a Wirt of Mandamus filing in a federal court.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can email the Immigrant Investor Program Office to inquire about the status of your I-526 petition.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If outside normal processing time, then you or your attorney should follow up with USCIS. USCIS website is currently showing 37-73.5 months, so it is not outside the normal processing time yet.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    USCIS says that one can only do inquiries if filed before Jan. 03, 2016 and they are taking 31 months to 58 months to process persons not from China. You can file a mandamus but make sure you have an experienced lawyer since USCIS may challenge you and you might receive a motion to dismiss.