I submitted my EB-5 DS-260 form, along with civil documents, to NVC almost a year ago. I am still waiting to be documentarily qualified. Should I file a writ of mandamus to push NVC to work on my case and put me in line for an interview? Or is that meant for another stage of the process?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryIt can be filed at this stage if unreasonably delayed. The Department of Justice may file a Motion to Dismiss if they think the delay is reasonable. Also, make sure your Final Action Date is current because if backlogged there is nothing to push.
Daniel A Zeft
Immigration Attorneys DirectoryYou need a consultation appointment with an immigration attorney who has experience with federal litigation.
Lynne Feldman
Immigration Attorneys DirectoryIt is an option but you should definitely inquire in your portal as to what is missing that you are not documentarily qualified.
Anthony Cummings
Litigation AttorneysYou are referring to a legal proceeding to force the decision maker to act. Such a maneuver may backfire meaning you get an adverse determination. However, if you are truly unwilling to wait, it is a risk some people will take. Have you tried to contact NVC for an update on the timing?
Stephen Berman
Immigration Attorneys DirectoryYes. But then you will also need a mandamus for the foreign consulate to schedule you.
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