Case Types
EB-5 Investor Visa Delays
Point to act: Act from ~1 year
You invested in the American economy, and your I-526 or I-829 petition has sat pending for years in return.
How Soon Can a Mandamus Case Be Filed
When does a wait turn into a serious delay?
Benchmarks courts use, not rules — the review reads your actual file.
4 months
- Citizenship (after the interview)
6 months
- 221(g) consular
- Work permit (EAD)
1 year
- Marriage green card
- Employment green card
- Citizenship (N-400)
- EB-5 investor
5 years
- Asylum
Investment without adjudication
EB-5 investors commit substantial capital — and create American jobs — on the promise of an orderly path to residence. Yet I-526/I-526E and I-829 petitions routinely sit for years. Capital stays locked up, conditional residence deadlines loom, and family plans hang on a petition nobody at USCIS seems to touch.
Holding USCIS to a reasonable timeline
Congress has directed that immigration benefits be processed within reasonable timeframes, and the Administrative Procedure Act lets federal courts compel action that has been unreasonably delayed. For EB-5 cases pending beyond a year, a mandamus lawsuit is usually the quickest route from the backlog to an adjudicator's desk. The government must respond within 60 days of service — a deadline that concentrates minds.
Signs this is your case
- Your I-526, I-526E, or I-829 has been pending more than a year.
- Your investment project timelines are at risk because of the delay.
- Your children risk aging out while the petition sits.
- Status inquiries and expedite requests have gone nowhere.
Run the 60-second pre-assessment or read how to tell a stuck case from a broken one.
Where does your wait sit for this case type?
Pick the stage, how long it has been, and where you live; see which of the four readings it points to — then send it to the attorney.
Find out which answer is yours.
File, fix first, or wait — one free review tells you which, what it would cost, and what happens next.