Questions and Answers > EB-5 Requirements

What happened if I waited a year and my I-526 still hasn't been approved?

I have been waiting for the approval of my I-526 for one year and I was told it would take 6-8 months. My I-526 was processed on March 16, 2012 and I was told it would be done by 02/13/2013 according to USCIS website. Today its Sept. 27. The USCIS website still shows the date of processing time as March 16, 2012. What does this mean? They haven''t approved any I-526 file since that date or they are not updating the website?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on March 4, 2014

  If you have not received a denial notice, your petition is most likely still processing. Contact the attorney who filed your petition to assist you in getting information on your case.

• Shahzad Q Qadri

  RC Creator

  Answered on October 11, 2013

  There are long delays at this point we are looking at 18 months for approval. As long as you have not received a denial you are good.

• Jinhee Wilde

  Immigration Attorney

  Answered on October 4, 2013

  Please note that the latest processing time published by USCIS is 15.7 months. It appears from your filing date, your application should be reviewed shortly. I would suggest a little more patience.

• Rohit Kapuria

  Immigration Attorney

  Answered on October 4, 2013

  I am assuming you filed your I-526 project under a regional center. Do not worry about the timeline. Most regional center investor applications are taking upwards of 14-16 months before approval. Unless you receive an RFE (request for evidence) or a NOID (notice of intent to deny, usually only based on an extreme concern), your application should be on track.

• A Mina Tran

  Immigration Attorney

  Answered on October 4, 2013

  Hi, it is likely that USCIS is not updating their website. If you were represented by an attorney, they could do an inquiry on your behalf. The I-526s have generally been taking longer than expected lately.

• Mahsa Aliaskari

  Immigration Attorney

  Answered on October 4, 2013

  USCIS processing times are always fluctuating, right now processing times are between 18-24 months. If you filed through a regional center you may want to contact them to obtain information on the progress of other I-526 petitions filed for the same project, and if there have been approvals, requests for evidence or denials. This will provide you with some information on whether or not petitions filed for the specific project are experiencing delays and if there are any issues identified by USCIS.

• Marc Yelnick

  Immigration Attorney

  Answered on October 4, 2013

  There are formal CIS inquiry processes in place for past due matters, including matter escalation if there is no success at the first point of contact. In addition there are other "channels" that can be used. One is the liaison process of the American Immigration Lawyers Association, of which I am a member.

• Ed Beshara

  Immigration Attorney

  Answered on October 4, 2013

  The delays in the processing of an I-526 petition is really a bureaucratic time delay. That is, the adjudicators are spending a long time getting to the I-526 petitions to adjudicate, review, and comment. Further delays may be anticipated if the adjudicator sends a request for further evidence to the investor to respond.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on October 4, 2013

  You or your attorney could email the USCIS EB-5 email address and ask for an update. You may get the response that your petition is with an officer and it will be adjudicated soon. At least you will know that the petition is not lost. Also, you can check the status of your petition on the USCIS website by entering your receipt number. If a request for evidence is issued or the petition is approved, you will know in advance before you receive the notice in the mail.

• Olga Karasik

  Immigration Attorney

  Answered on October 4, 2013

  USCIS posted updated processing times for I-526, which is 18 months now. The processing date of March 16, 2012 means that right now they are processing applications that were received on March 16, 2012. You should direct your questions to the attorney who represents you in this matter as he/she will have better information about your specific case. Good luck.

• Kripa Upadhyay

  Immigration Attorney

  Answered on October 4, 2013

  USCIS provided timelines are an estimate of how long they expect it will take to process certain types of applications. Not all cases are the same; hence, some applications may take longer,especially if USCIS needs more information before they can proceed with the processing of the case. If your I-526 was filed with the help of an attorney, that person needs to contact USCIS and ask for clarification as to why the application is still pending. If you filed yourself i.e. without an attorney, call the USCIS customer service number at 1-800-375-5283. The USCIS is NOT one of the agencies that has been affected by the federal government shut down so you should be able to speak with an officer; although the wait times are often an hour long.

• Rachel Lew

  Immigration Attorney

  Answered on October 4, 2013

  The recent processing time for I-526 petitions has been delayed. It may take as long as 16 months to adjudicate.

• Salvatore Picataggio

  Immigration Attorney

  Answered on October 4, 2013

  The processing times Web page should be updated regularly, but that March, 16, 2012 date remains the date posted for I-526 processing. Unfortunately, processing times vary and may indeed last 12 months or more.

• Jeffrey E Campion

  Immigration Attorney

  Answered on October 4, 2013

  Hello. It is now taking at least 14 months or more for the I-526 to be approved. If the USCIS website says that it is processing March 16, 2012, that is a general statement that normally holds true. If your case was filed before that date, then, it could be possible to inquire as to why your case has not been adjudicated. If filed after that date, you must, unfortunately, wait.