Enterline & Partners Consulting | info@enterlinepartners.com

Enterline and Co-Counsel Obtain Settlement With USCIS On Writ of Mandamus Action To Process I-829 Petitions

On March 4, 2022, Mr. Enterline of Enterline and Partners, working with co-counsel in the United States, helped file a complaint in Federal Court for multiple EB-5 investors waiting for action on their Form I-829, Petition by Investor to Remove Conditions on Permanent Residence Status (“I-829 Petition).  The law suit was filed against the Department of Homeland Security, United States Citizenship and Immigration Services (“USCIS”) and requested the Court to issue a Writ of Mandamus to order the USCIS to take action on the investor’s I-829 Petitions.

In late April, the U.S. Attorney representing the USCIS responded with an offer of settlement of the case in which the USCIS proposed to review the I-829 Petitions within 120, 150 and 180 days, based on the year of filing the I-829 Petition.  Mr. Enterline and co-counsel made a counteroffer requesting that the USCIS agree to review the I-829 Petitions within 90 days (for Petitions filed in 2019), 120 days (for Petitions filed in 2020) and 150 days (for Petitions filed in 2021).  On May 12, 2022, the U.S. Attorney on behalf of the USCIS agreed to the counter settlement offer.

In addition to the agreement to review and take action on the I-829 Petitions within those time periods, the settlement included additional terms.

Request for Evidence/Notice of Intent to Deny (RFE/NOID)

“If” USCIS issues a request for evidence (“RFE”) or a notice of intent to deny (“NOID”), the USCIS will agree to make a decision within 60 days of receiving the response to the RFE/NOID.   We write “if” because most I-829 Petitions are identified as approvable at the time of filing and will be approved once they are finally reviewed.

Biometrics 

The USCIS will assess the need for updated biometrics at the point that each I-829 Petition is being adjudicated and will promptly communicate that need to the investor.  In some case, the USCIS may request new biometrics to be taken, such as when there are young children who have aged several years.

Green Card Printing

The USCIS Investor Program Office (“IPO”) will work to ensure that upon the approval of the I-829 Petition, all data entered into USCIS systems for Form I-551 “green card” production is correct at the time of final adjudication to minimize the risk of delay if there are errors on the cards.  Errors on printed green cards are remedied by way of Form I-90 filed with the USCIS, not the IPO, so the IPO is not able to commit other agency components to a specific timeframe for corrections, if needed.

One of the reasons that USCIS/IPO is requesting the multiple periods to review the I-829 Petitions is that evidence suggests, and the EB-5 stakeholder community believes, that the IPO is short of staff because of the lapse in the regional center program and many of its staff were transferred out of the IPO or no longer work there; therefore, the IPO does not have the manpower to review so many I-829 Petitioners at one time.

If you have been waiting for a decision on an I-829 Petition for several years, you should consider joining us in our next complaint in Federal Court.  Investors who have filed as recently as 2021 have a credible cause of action.

Form I-526 Petitions

We are also filing complaints with Federal Courts for investors who filed Form I-526 Petition, Immigrant Petition for Alien Entrepreneur as recently at 2019.  If you have been waiting for an approval on your Form I-526 since in or before 2019, we can help.

Writ of Mandamus actions are being filed by hundreds if not thousands of investors right now.  With the lack of manpower at IPO, if you are not filing a complaint with the Federal Court for a Writ of Mandamus, it is possible that your petition will fall further to the back of the processing line.

If you want more information on filing for Writs of Mandamus, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

David Enterline receives I-829 Petition award for 2025 from IIUSA

David Enterline, Managing Partner of Enterline and Partners Consulting was recognized by IIUSA, the preeminent EB-5 trade association in the United States, for successfully assisting EB-5 immigrant investor clients in obtaining approvals of Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status during the year 2025. David was recognized together with a select group of experienced EB-5 attorneys and Regional Centers that have demonstrated a strong record of successful outcomes for EB-5 investors. The recognition was presented during the 2026 IIUSA EB-5 Industry Forum held in Washington, District of Columbia. IIUSA (Invest in the USA) is the national membership-based trade association representing stakeholders in the EB-5 Regional Center Program. Its members are responsible for a significant portion of the investment capital and job creation generated across the United States through the EB-5 Program. IIUSA recognizes EB-5 attorneys and Regional Centers whose investors have successfully received I-829 Petition

Read more >

What is a K-3 Visa and How is it Different from a CR-1/ IR-1 Visa?

When researching U.S. family visa application options to the U.S., some couples may inquire on what the K-3 visa is and whether it is the fastest U.S. visa for family members based on marriage. Defining the K-3 Visa A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F”).  It is intended to shorten the separation period between the married couple allowing the foreign spouse to enter the United States while awaiting approval of his or her Form I-129F and subsequent immigrant visa. Differences Between K-3 and CR-1/IR-1 Visas Unlike a CR-1/IR-1 U.S. visa in which the foreign spouse would arrive in the United States as an immigrant and be granted lawful permanent resident status (“Green Card”) upon arrival, a K-3 visa requires the

Read more >

Priority Processing for Investments Made In Rural Areas

The EB-5 Reform and Integrity Act of 2022 (“RIA”) establishes priority processing for rural areas, ensuring that Form I-526/I-526E Petitions (“Petitions”) filed for business or projects in these areas are expedited. Under this provision, Petitions for EB-5 investments in rural areas shall be prioritized in processing and adjudication, allowing investors and project developers in these areas to benefit from faster review times and reduced delays. Any Rural or High-unemployment area identified by the Secretary of Homeland Security is considered a Targeted Employment Area (“TEA”). Rural areas are those located outside the geographic boundaries of a metropolitan statistical area and outside cities or towns with a population of 20,000 or more, based on the most recent decennial census. This classification is to encourage EB-5 investments into target areas that are genuinely rural and in need of economic stimulation. Priority processing for rural areas supports the EB-5 program’s broader goal of stimulating

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo