How soon can I file a mandamus for my pending EB-5 petition? - EB5Investors.com

How soon can I file a mandamus for my pending EB-5 petition?

Hello, I applied for my EB-5 visa in November 2019 and haven’t received a decision. I discussed filing a mandamus action with my lawyer, but he recommended we don’t because we are still considered to be in normal processing time. But I would like to know how soon we could file the lawsuit.

Answers

Anthony Cummings

Anthony Cummings

Litigation Attorneys
Answered on

I think your lawyer would be best informed as to what the average processing time is for your situation; there is information that it’s a long as 54 months.

Lynne Feldman

Lynne Feldman

Find the Best EB5 Visa Lawyers
Answered on

I agree that it is a waste of your money until the case is outside their posted “normal processing times,” which I agree are ridiculous. Additionally, you need to show your efforts to get USCIS to adjudicate after it is “current.”

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