How would filing a lawsuit against the State Department for the EB-5 visa bulletin retrogression help?

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I have an approved I-526 with a priority date of 2018. When I filed my EB-5 I-485, the final action date was current and my I-526 was approved. However, in the last 6 months, the priority date has been retrogressed multiple times and reached back to April 2017. That is 6 years of retrogression in just 6 months. I am concerned that the State Department is violating immigration law with this hefty retrogression. I am also concerned about the ways to prove that the State Department has acted arbitrarily or capriciously. Finally, I am wondering if mandamus action against the State Department could help expedite my pending I-485 processing. I would appreciate your insights into these matters.

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Answers

Lynne Feldman

Immigration Attorneys Directory

Answered on May 25, 2023

Even with retrogression, you are able to continue the I-485 processing. I do not see a mandamus action helping you in any way as retrogression, as well as jumps forward, are dictated by formulas set up by Congress years ago with quotas in each category.

Anthony Cummings

Litigation Attorneys

Answered on May 24, 2023

These concerns are becoming widespread. Until someone or a group of applications are willing to fight, this will keep happening, as class action or collective action has to be brought to sue the U.S. government for this type of unfair administrative conduct. No one is willing to pay for the litigation and perhaps victims should collectively be willing to contribute to the cause to help everyone. You and everyone like you will have to bring a lawsuit to get the relief you want.

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