On October 6th and 7th, 2022, the United States Citizenship and Immigration Services (“USCIS”) approved two more Form I-829, Petitions by Entrepreneur to Remove Conditions on Permanent Resident Status (“I-829 Petition”) because of filings in Federal Court seeking Writs of Mandamus. The approvals came less than 2 months after filing a complaint in Federal Court.
On August 11, 2022, Mr. Enterline of Enterline and Partners, working with co-counsel in the United States, filed a complaint in Federal Court for multiple EB-5 investors waiting for action on their I-829 Petitions. 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 ordering the USCIS to take action on the investor’s I-829 Petitions.
On notice that the complaint had been filed, it is apparent that the USCIS made the decision to adjudicate some of the I-829 Petitions included in the complaint, and it subsequently approved some of them. Interestingly, the U.S. attorney has not yet filed its formal response to the complaint. It has 60 days to do so. This demonstrates the effectiveness of filing for Writs of Mandamus.
If the other I-829 Petitions are not expeditiously approved, they may be subject to further Court or agency processing. See more. We hope that USCIS will continue to move to quickly review and approve I-829 Petitions.
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
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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.
