I-829 Delays Make For Very Strong Mandamus Cases

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 petition.
(1) The decision on the petition shall be made within 90 days of the date of filing or within 90 days of the interview, whichever is later.

8 C.F.R. § 216.6.

This rule becomes a powerful tool for those whose I-829 petitions have been pending beyond the 180-day mark in total or 90 days with no interview (which is the majority of such cases). It can serve as the basis for a strong mandamus lawsuit — a legal action initiated in federal court asking the judge to compel the government to adjudicate an immigration petition. A prolonged delay in adjudicating the I-829 petition can unnecessarily prolong the risk to an investor’s financial resources, among causing other potential damages. There is no need to simply accept the damage caused by the Government’s delays. You can fight this effectively.

However, whether to proceed with any federal litigation is a decision that needs to be considered carefully. It involves a case-by-case analysis and should be done in consultation with an attorney experienced with mandamus litigation.