IIUSA Filed a Lawsuit Naming the DHS and the USCIS as Defendants

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IIUSA Filed a Lawsuit Naming the DHS and the USCIS as Defendants

 

Invest in the USA (IIUSA) reported that on March 2, 2020, they filed a lawsuit naming the Department of Homeland Security and the US Citizenship Immigration Service (USCIS) as defendants. The lawsuit is based on the defendants’ delay in providing specific information under the Freedom of Information Act (FOIA).

As the EB-5 regional center industries’ only not-for-profit membership association, and the main source of industry research and education, IIUSA relies on information received through the FOIA process. However, the lawsuit claims that the defendants have violated FOIA by failing to respond to many requests within the statutorily prescribed time limit.

In light of undue delays in processing times and to fully understand the defendants’ processing protocols, IIUSA is seeking adjudicator training materials for adjudicating EB-5 related petitions.

We, at America EB5 Visa, recently checked the processing times for the most critical filings, I-526, and I-829 petitions:

According to the USCIS website, I-526 processing time is now ranging between 33 months to 50 months. The same website depicts I-829 processing times as ranging between 22 months and 47.5 months. If we add 9 months as the average time it takes to obtain a green card through consular interview or adjustment of status plus the mandatory 2 years conditional green card period, even for candidates from countries which are not experiencing any retrogression, we get a lower band of 88 months, i.e. 7.33 years and an upper band of 130.5 months, i.e. 10.875 years. Most EB-5 practitioners and industry leaders believe that this time frame is not acceptable and is way beyond what would be viewed as reasonable.

 

To learn more about EB-5, please do not hesitate to call us at + 1 917 355 9251 or write to us at info@americaeb5visa.com.

 

Posted by americaeb5visa on March 4, 2020