EB5 Investors Magazine (English Edition) Volume 5, Issue 1 - Page 95

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 EB5INVESTORS.COM 94