Congress mandates that an interview or decision on an EB-5 applicant’s I-829 petition to remove conditions from their green card must be made within 90 days of submission. This is specified in 8 U.S.C. § 1186b and 8 C.F.R. § 216.6, which state:
(c) Adjudication of petition (1) The decision on the petition must be made within 90 days of the filing date or within 90 days of the interview, whichever occurs later.
For those with unresolved I-829 petitions pending beyond 180 days (which is the majority), this provision can serve as a strong basis for a mandamus lawsuit – a legal action filed in federal court requesting that the judge order the government to make a decision on an immigration petition. A prolonged delay in processing an I-829 petition can keep an investor’s funds at risk for an extended period and potentially cause other harm. Whether it is advisable to pursue federal litigation depends on individual circumstances and should be discussed with an attorney experienced with such litigation.