Last Updated on February 12, 2024 by Linda Lee
The I-829 mandamus is a legal remedy available to EB-5 investors who have filed Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, and are facing significant delays in the processing of their petitions by U.S. Citizenship and Immigration Services (USCIS). The I-829 petition is the final step in the EB-5 immigrant investor program, where investors apply to remove the conditions on their conditional permanent residency and obtain unconditional permanent residency (green card) in the United States. However, USCIS processing times can sometimes be extended, causing anxiety and uncertainty for investors. In such situations, the I-829 mandamus offers a potential solution.
What is I-829 Mandamus?
Mandamus is a Latin term meaning “we command.” An I-829 mandamus is a legal action filed in federal court against USCIS to compel them to adjudicate the pending I-829 petition in a timely manner. It is a way for EB-5 investors to assert their rights and demand action on their cases when USCIS processing times have significantly exceeded the usual timeframe.
When is I-829 Mandamus Appropriate?
Filing an I-829 mandamus can be appropriate when the I-829 petition has been pending for an unreasonably long period beyond USCIS’s posted processing times. Delays in the I-829 adjudication can have severe consequences for EB-5 investors, such as continued uncertainty regarding their immigration status and potential challenges in their business and personal plans. The I-829 mandamus is considered as a measure of last resort when other efforts to expedite the petition have not yielded results.
Filing I-829 Mandamus Lawsuit
To initiate the I-829 mandamus action, the EB-5 investor, along with their immigration attorney, will file a complaint in federal court. The complaint will seek an order from the court directing USCIS to adjudicate the I-829 petition promptly. The court will review the case and decide whether USCIS’s delay is unreasonable and whether mandamus relief is appropriate.
The Legal Standard:
To succeed in the I-829 mandamus action, the EB-5 investor must demonstrate that USCIS’s delay in adjudicating the I-829 petition is unreasonable and that other administrative remedies have been exhausted. The court will consider the specific circumstances of the case and weigh the interests of the investor against USCIS’s workload and resources.
Potential Outcomes:
If the court finds in favor of the EB-5 investor in the I-829 mandamus action, it may order USCIS to adjudicate the I-829 petition promptly. This can result in the removal of conditions and the granting of unconditional permanent residency to the EB-5 investor. In some cases, the court may also award attorney’s fees and costs to the prevailing party.
Hire an Immigration Attorney with Experience in I-829 Mandamus Cases
The I-829 mandamus provides a potential avenue for EB-5 investors to seek timely resolution of their I-829 petitions when USCIS processing times have been unreasonably delayed. While filing a mandamus lawsuit is a serious step, it can be an effective legal remedy to assert the rights of EB-5 investors and compel USCIS to take action on their cases. Consulting with our experienced immigration attorneys is crucial to assess the merits of the case and determine whether filing an I-829 mandamus is appropriate based on the specific circumstances of the EB-5 investor’s situation.
Call us today at (213) 375-4084 for a consultation regarding your EB-5 mandamus case.
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