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October 16 2023

Expediting I-829 Removal of Conditional Resident Status

USCIS has over 10,000 I-829 EB-5 investor visa applications on file. They sit on the USCIS shelf for 4 years or more.

For a decision, to finally settle one’s immigration and apply for U.S. citizenship, I often file a “Mandamus” action in court. These actions are usually successful as there is a law requiring USCIS to decide an I-829 within 90 days of filing or interview (and such applicants are never interviewed).

Here is an example of a successful mandamus action: 

A physician from India became a conditional resident via the EB-5 program. He filed his I-829. A year and a half later, I filed a mandamus action for a decision on the I-829. 52 days later, the I-829 was approved and the mandamus action, having achieved its purpose was withdrawn.

This is a typical case, although some cases take less and some more time for resolution. And of course, I cannot guarantee success.

I file many actions throughout the U.S. similar to this example. Please feel free to contact me if you would like to resolve your pending I-829.