A mandamus action can be an effective way to address a delayed I-829 petition, which is the final step in the EB-5 visa process that removes the conditions on permanent residency. A mandamus action is a legal action that can be taken to compel a government agency to perform a certain duty. In the context of an I-829 petition, it can be used to compel the U.S. Citizenship and Immigration Services (USCIS) to decide on the petition if it has been unreasonably delayed.

Here are some of the potential benefits of filing a mandamus action in federal court for a delayed I-829 petition:

  1. Timely resolution of the petition: The most significant benefit of filing a mandamus action is that it can help expedite the resolution of the I-829 petition. USCIS is required by law to process petitions within a reasonable time frame, but sometimes it can take longer than expected. A mandamus action can be used to force USCIS to decide on the petition, which can help resolve the issue in a timely manner.
  2. Ensuring compliance with the law: By filing a mandamus action, one can ensure that USCIS complies with its legal obligation to process petitions in a reasonable time frame. Delays in processing can have significant consequences, such as losing the opportunity to file an appeal or missing out on a business opportunity.
  3. Legal recourse: If USCIS has unreasonably delayed the processing of a I-829 petition, filing a mandamus action can provide legal recourse.
  4. Minimal risk: Filing a mandamus action is relatively low-risk because it does not involve challenging USCIS’s decision on the merits of the case. Instead, it is simply asking USCIS to decide on the petition.
  5. Cost-effective: Filing a mandamus action can be a cost-effective way to resolve a delayed I-829 petition. The cost of filing a mandamus action is usually lower than the cost of filing an appeal or pursuing other legal remedies.

In conclusion, a mandamus action can be a useful tool for addressing a delayed I-829 petition. It can help ensure timely resolution of the petition, ensure compliance with the law, provide legal recourse, minimize risk, and be cost-effective. Those experiencing a delay in the processing of their I-829 petition should consider consulting with experienced immigration counsel to explore their options.

Tags: I-829, I-829 petitions, mandamus, petitions, processing delays, USCIS
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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of

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Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel. Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Kate is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, she develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Kate regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework.

Kate also has deep experience working on all aspects of the EB-5 immigrant investor program. Kate has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Kate works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956,G, I-956H, I-956K submissions. Kate has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Within the field of immigration law, Kate is a well-known speaker and author. She is often called upon by various media outlets to comment on topics of business immigration law including the Real Deal, the Wall Street Journal, and Law360. Kate has appeared on numerous TV programs related to immigration law including CNN, the Stoler Report, Vietface TV, and China Business Network. Kate is also a prolific writer on the topic of immigration and has been published in immigration practice handbooks for the American Bar Association, American Immigration Lawyers Association, ILW, and in news periodicals that include the New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and the Commercial Observer. At the request of the American Bar Association, Kate co-authored the book “What Every Lawyer Needs to Know About Immigration Law,” a guide for non-lawyers on immigration law practice. She has sat on numerous bar association related committees including the American Immigration Lawyers Association EB-5 Practice Committee, the New Jersey Business Immigration Coalition and has chaired the American Bar Association’s, Committee on Immigration and Naturalization, Section of Administrative Law since 2011. Kate has been recognized in various legal surveys including Chambers Global, New York Super Lawyers, the New Jersey Law Journal who ranked as her as a “New Leader of the Bar,” (formerly 40 under 40) in 2012, NJBIZ “Best 50 Women in Business,” 2019, National Law Review, “Go-To Thought Leader: Immigration Law,” 2022, and Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022.

Kate is devoted to pro bono matters and has spent extensive time helping clients fleeing conflict and persecution with asylum applications, applying for and obtaining Temporary Protected Status and Humanitarian Parole.

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