My family submitted three I-485 cases concurrently through EB-5 in March 2017 with the California USCIS center. Two of the cases were approved in September 2017, but the remaining one has been pending since then. Is this normal? Why is it taking so long to process the remaining case?
Answers

Bernard P Wolfsdorf
Schedule a Free Consultation with Top EB5 Visa AttorneysIt is unusual for one case to be stuck unless that person has unquiet issues. You need to follow up.

BoBi Ahn
Schedule a Free Consultation with Top EB5 Visa AttorneysThe online processing time listed on USCIS.gov is showing I-485 filed at CSC is taking approximately 9.5 months to 43 months. So your case is indeed within their processing timeline. If you are concerned, you can contact the USCIS customer service 1-800 number to do a status enquiry.

A Olusanjo Omoniyi
Schedule a Free Consultation with Top EB5 Visa AttorneysThis is rather unusual. Both you and your attorney should contact the California USCIS center and ask for an explanation.

Marko Issever
EB-5 Broker DealersThis is quite strange that two out of the three family members who filed, I am assuming, under the same project, at the same time as the third were approved 18 months ago and the third one has still not heard back. Could it be that they discovered something peculiar in his background that they are investigating further? Could it be that he has a name that resembles to someone in the list? To be honest, it could be a whole host of issues. The best thing to do would be to have someone, preferably the immigration attorney who filed the case with USCIS, inquire.

Charles Foster
Schedule a Free Consultation with Top EB5 Visa AttorneysIt's difficult to tell you why the remaining I-485 application, based upon your approved EB-5 petition, has not been proven. Normally, if you submitted three and two were approved together in September 2017, it would not be normal if you submitted three petitions and for two to be approved in September 2017 and the third not to be approved by now. It's impossible to know why it was not approved, but you should make an appropriate inquiry with the USCIS individually or through your attorney to determine the problem.

Belma Demirovic Chinchoy
Schedule a Free Consultation with Top EB5 Visa AttorneysYou/your attorney should be inquiring with USCIS. This is not a normal processing time.

Salvatore Picataggio
Schedule a Free Consultation with Top EB5 Visa AttorneysSince USCIS mandated in-person interviews for EB-1, EB-2, EB-3 and EB-4 cases, I-485 processing times have skyrocketed. You can look at the USCIS case processing time page to determine if the inquiry date has passed the filing date of the outstanding application. That said, it is interesting that three family members who filed concurrently would have such a discrepancy, so I would want to look at that last one to see if there was anything on the form or in the documentation.

Julia Roussinova
Schedule a Free Consultation with Top EB5 Visa AttorneysI-485s are processed largely depending on local USCIS jurisdiction processing times and on average it is about 1.5 to two years. If other cases were approved relatively quickly, it is possible your case is pending background checks. Your attorney should be able to make a service request if the case is outside processing times for your local field office.

Lynne Feldman
Schedule a Free Consultation with Top EB5 Visa AttorneysHard to know if there are extra background checks or other complications. Contact USCIS for a status report.
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