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Question:

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When should mandamus action be taken against the USCIS? I invested directly and filed my EB-5 application on March 11, 2013. 18 months have passed and the application is still stuck on the initial review. How is an investor expected to run a business when he/she is stuck in limbo with the visa? When is it recommended to take mandamus action against the USCIS?

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Answers:

February 10, 2015 16:58 Ed Beshara

Please remember that the EB-5 regulations and policies clearly state that the investor cannot be involved in managing the U.S. business until the investor obtains their conditional permanent residency. The investor should always check with the USCIS processing times for the I-526 petition and the stated department processing times for the U.S.Consulate process. Currently the process is estimated at 18 months. Therefore if the actual processing time is taking a lot longer than the time stated on the US IS website, and the USCIS has not timely responded to inquiries as to the status, then the investor will have the opportunity to file a mandamus action in Federal Court to force the USCIS to make a decision on the case

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