The United States Citizenship & Immigration Services (USCIS) has slowed the pace at which it adjudicates I-526 petitions. The I-526 form demonstrates a petitioner’s eligibility for the EB-5 visa and constitutes the first official step in the application process for would-be immigrant investors.
The slowdown in adjudications are the result of political, administrative and external factors. They are evidenced in the fact that “priority dates” for countries in visa retrogression are quickly shifting forward. The changes to the priority dates is most likely the artificial result of low demand for visas caused by a slow rate of adjudication rather than meaningful changes to the number of applicants waiting for EB-5 visas.
There are several courses of action open to any immigrant petitioner who suspects their I-526 application to have been unreasonably delayed. In the first instance, petitioners should contact the USCIS ombudsman’s office. This may not ultimately expedite your adjudication, but it is helpful to show evidence of seeking a solution should a petitioner need to subsequently escalate their case. Another option is to contact the senator or congressional representative covering the state or district where the EB-5 project is located.
Writ of Mandamus
It is possible to file a lawsuit in a federal court to determine whether your immigration petition has been unreasonably delayed. This lawsuit, known as a writ of mandamus, will have no bearing on whether or not your I-526 application is successfully approved. It does, however, force USCIS into adjudicating your case quickly if it is judged to have been unreasonably delayed. Sometimes simply initiating proceedings can galvanize action as USCIS has been known to adjudicate a plaintiff’s application in order to avoid progressing with the lawsuit.
Filing a Case
Since filing a writ of mandamus is a legal course of action which may require litigation, it is always advisable to seek advice from an attorney. Contact D&A for a free consultation to determine whether it would be advantageous for your I-526 petition. Our team has filed dozens of successful writs of mandamus actions against USCIS for unreasonably delaying immigrant petitions. We can assist regardless of whether your I-526 application was prepared by Davies & Associates. The average time between filing a writ of mandamus and receiving an adjudication is around two months, in some cases it can be significantly less.
It is anticipated that USCIS might suddenly start processing applications at a faster pace. It is advisable to file a writ of mandamus as soon as possible to have your case reviewed ahead of a possible surge.