Our office recently received a favorable result in a mandamus lawsuit we filed for a client who experienced an unreasonable delay of two years after filing an EB-5 application with USCIS. The client filed a direct investment EB-5 application with USCIS and received a receipt notice dated November 2019. In November 2021, after USCIS had failed to make any progress on his application for two years, we sued USCIS in federal court in California. USCIS issued a request for additional evidence (RFE) within one month of the lawsuit being filed. USCIS approved the EB-5 application six weeks after the client responded to the RFE.
For those who have been waiting an unreasonably long time for a decision from USCIS, filing a mandamus lawsuit in federal court may be an ideal option. Doing so invites a neutral judge to determine whether USCIS’s extensive delays are reasonable. If you are experiencing an unreasonable delay after applying for an immigration benefit, please schedule a consultation in order to learn more about whether a mandamus lawsuit might be a suitable option for you.
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This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.