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ARTICLE · 08 OCTOBER 2024

FAQs For EB-5 Mandamus

Klasko Immigration Law Partners
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USCIS adjudication delays in EB-5 cases are neither new nor unusual. They have long been a drag on the EB-5 program.

United StatesImmigration
H. Ronald Klasko
H. Ronald Klasko
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USCIS adjudication delays in EB-5 cases are neither new nor unusual. They have long been a drag on the EB-5 program.

EB-5 petitioners, and their attorneys, generally have two choices if confronted by an unreasonable adjudication delay. One choice is to wait– patiently or otherwise – for adjudication. The other choice, which has been utilized more frequently in recent years than ever before, is filing a complaint in federal court requesting the court to order a timely adjudication.

The following are some of the questions about EB-5 mandamus we are asked most frequently by our clients and the corresponding answers:

What is a mandamus complaint?

A mandamus complaint is an electronic filing with a federal district court seeking a court order requiring USCIS to adjudicate a pending petition.

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