Writ of Mandamus Lawsuits
for EB-5 and Other Delayed
Immigration Adjudications
When investors should and should not use a
lawsuit to speed up a decision of a green card.
By Bernard P. Wolfsdorf, Joseph Barnett and Vivian Zhu
S
ome EB-5 immigrant investors have become
increasingly frustrated with long delays by the
United States Citizenship and Immigration Services
to adjudicate I-526 and I-829 petitions. The average
adjudication time for a form I-526 petition is currently
close to 20 months and is over 30 months for a form
I-829 petition1. A complaint for a writ of mandamus can
be an effective way to force USCIS to make a decision
regarding an EB-5 and other delayed immigration
adjudications.
The principal issue presented by a writ of mandamus
lawsuit is whether USCIS has “unreasonably delayed” the
adjudication of the petition. Current USCIS processing
times assist in determining whether an EB-5 application
has been sufficiently delayed to warrant mandamus
relief, but the determination of what is unreasonable is
subject to the interpretation by a federal judge. A writ
of mandamus should not be filed if the EB-5 application
has been pending for less than the current USCIS
average processing time.
Prior to filing a complaint for a writ of mandamus, it is
advisable to try other, non-litigation strategies to resolve
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