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When should I file a mandamus?

I submitted my I-526 in December 2017. USCIS emailed with a Courtesy Request for Clarification in November 2018. We responded but never heard back again. Should I file a mandamus?

Answers

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    Dale Schwartz

    Immigration Attorney
    Answered on

    They are that far behind. I would give them another few months.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    This is something you need to decide with your attorney. With a Dec 2017 filing date, however, there should not be an issue to make the case for unjust delay.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Many think going beyond two years is unreasonable. The decision may include an analysis of all the facts, such as whether the individual is running out of time to remain in the U.S., or whether a child might age out.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If the visa is available and it is past the normal processing time, sure.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The issue of writ of mandamus is not be taken lightly because it depends on individual cases. In EB-5 cases, whether an investor can and should file depends on the nationality of the investor, whether the petitions from the country of an investor are experiencing retrogression or not and a host of other factors, In the instant case, if your country is one of those countries experiencing retrogression such as China, Vietnam and India, your motion for writ of mandamus is not going to be feasible or even help. Advisably, consult your EB-5 attorney or any attorney with mandamus experience for proper evaluation and feasibility before you proceed further.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You should consult with an attorney who has successfully filed mandamus actions in federal court. Each case is unique and has its own particular set of facts. Your case may be right for mandamus depending on your specific situation.