My wife is a U.S. citizen. I applied filed forms I-485 and I-130 at the same time in 2019, but they still have not been approved. My EAD card has expired with the extension. I tried to contact USCIS over the phone and tried to go through Congress numerous times. I keep getting told my application is in review. This should be out of the normal processing times. What should I do?
Answers
Dennis Tristani
Schedule a Free Consultation with Top EB5 Visa AttorneysThis is a very long wait for an immediate relative petition - you can request a formal expedite if you meet the criteria or you could file a writ of mandamus suit to compel USCIS to adjudicate the case. You can renew your EAD/AP indefinitely while the I-485 is pending.
Bernard P Wolfsdorf
Schedule a Free Consultation with Top EB5 Visa AttorneysIf none of the inquiries and procedures have worked, and you believe the delay is unreasonable, then you may want to explore a mandamus legal action.
Lynne Feldman
Schedule a Free Consultation with Top EB5 Visa AttorneysYou definitely should extend your work and travel permit as long as necessary when I-485 is pending. Do you also have conditional residence through EB-5? That may be delaying your case.
Belma Demirovic Chinchoy
Schedule a Free Consultation with Top EB5 Visa AttorneysFile a petition for a writ of mandamus.
Stephen Berman
Schedule a Free Consultation with Top EB5 Visa AttorneysYou could file a lawsuit, but I suggest having a lawyer review what you filed to see if there is anything wrong.
Sunwook Sunny An
Schedule a Free Consultation with Top EB5 Visa AttorneysThis case seems like a good case for filing a Mandamus lawsuit. Marriage case to US citizen should not take this long.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.