Sarraf Gentile

Mandamus lawsuits can be effective due to a variety of factors, including favorable case law and statutes. Yet, they work for another reason that isn’t necessarily captured in legal textbooks. Essentially, these lawsuits impose a cost on the government for doing nothing. In normal circumstances without a lawsuit, government agencies can lack motivation to decide […]

This is an excellent article by an esteemed colleague. https://www.immigration.net/2023/06/15/the-coming-apocalypse-for-employment-based-immigrants/ It lays out a very convincing case that immigration delays are going to be with us for quite some time. In light of these delays, it is becoming increasingly apparent that mandamus lawsuits will play a crucial role. Both employers and immigrant employees will likely […]

LLC or Partnership agreements that govern EB-5 investments are frequently very one sided — against the immigrant investors’ interests. This imbalance can pose substantial challenges when attempting to resolve major disputes, like the return of investment funds. While regional centers can contract away a lot of typical investor rights, there is one thing they cannot […]

As most people impacted by this are already aware, EB-3 India petitioners retrogressed 3.5 years this past visa bulletin. Once a visa retrogresses, there are very limited options that can help until it becomes current again. Interfiling may be a possibility for some. There is another potential solution if you are willing to take action […]

Another category of immigration petitions that lends itself to especially strong mandamus lawsuits are I-751 Removal of Conditions on Residence petitions. The purpose of these petitions is to prove your marriage was entered into in good faith in order to receive your 10 year permanent resident card. According to the law, USICS has a maximum […]

Congress has mandated that the decision on an EB-5 investor’s I-829 petition, which seeks to remove conditions on a green card, should be made within 90, or at most, 180 days of filing. This requirement is codified section 216A of the Immigration and Nationality Act, 8 U.S.C. § 1186b. The rule states: (c) Adjudication of […]

If the regional center you have invested through is not providing the documents you need for your I-829 filing, to answer a Request for Evidence (RFE) or respond to a Notice of Intent to Deny (NOID), there are strategies to ensure their compliance within a set timeframe. First, based on your partnership or LLC agreement, […]

The EB-5 industry has historically been rife with potential conflicts of interests that vary in severity. Examples of these may include fiduciaries participating in self-dealing, attorneys representing both projects and investors unbeknownst to the investors, or even lawyers doubling as commissioned sales agents, among other scenarios. Such practices bear a significant risk of causing harm […]

I asked GPT-4 to explain why making a FOIA request is important before fighting an immigration denial in federal court. I think the answer it gave  is largely correct and helpful (you can read it below). However, it left out an important reason for using FOIA as part of your strategy — information and documents […]

A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means the applicant did not establish eligibility for a visa to the satisfaction of the consular officer, as is required under U.S. law, specifically section 291 of the INA. When an applicant is refused under 221(g), it means the consular officer determined […]