EB5 Investors Magazine "Top 25 issue" Volume 9 Issue 1 | Page 10

retaliatory requests from the government to plaintiffs who litigate .
If the new commercial enterprise associated with a conditional resident ’ s investment does not have a prior I-829 approval , it ’ s possible that USCIS will conduct a site visit to verify claims in the Form I-829 petition . In these situations , it is important to communicate with the filing attorney and Regional Center to be prepared for this possibility .
In many recent instances , USCIS has modified its policies as a result of the cascade of unreasonable delay litigation that has occurred since the Trump Administration gutted the
" One solution to compel USCIS to finalize a Form I-829 adjudication within a reasonable amount of time , is to file a lawsuit in federal court under the Administrative Procedures Act ." agency , and setbacks have become common ( and unconscionable ). We hope litigation here will do the same and get USCIS back to work and adjudicating these cases in accordance with Congress ’ intent .
Joseph “ Joey ” Barnett is a
partner at WR Immigration , a full-service immigration law firm , with over a decade of
EB-5 experience . He represents immigrant investors seeking permanent residency in the United States through regional centers and direct EB-5 investment . Barnett was named a Top 5 Rising Stars in the EB-5 industry by EB5 Investors Magazine in 2020 and currently sits on the EB-5 Investors Committee of the American Immigration Lawyers Association . Barnett has filed over 50 lawsuits against USCIS and the State Department for unreasonable delay on immigration benefits .
Sources :
1 8 U . S . C . § 1186b ( c )( 3 )( A )
2 8 C . F . R . § 216 . 6 ( c )( 1 )