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Government’s Motion to Dismiss EB-5 Mandamus Denied

By January 11, 2023March 9th, 2023Approvals
A woman celebrating a win

One of our EB-5 clients has been waiting over 2 years to have his EB-5 petition adjudicated.  We filed a Mandamus to compel action on the case and USCIS moved to dismiss our Mandamus.  They argued that part of the delay related to the program being shut down in 2021 and that the delay was reasonable.  The judge asked for oral argument in the case and 3 days later, denied the Government’s motion to dismiss.  Our client will not have his day in court if USCIS fails to adjudicate his petition in a timely fashion.  When your case is taking a long time to be adjudicated, a Mandamus filing could be the answer.

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