Behring Investor Secures I-485 Approval Following Mandamus Action

Today, one of Behring’s investors successfully obtained approval of his I-485 application for adjustment of status after USCIS agreed to settle a pending writ of mandamus action against USCIS in federal court.

Behring’s investor filed for adjustment to obtain the conditional green card in spring 2020. In 2021, when USCIS still had not adjudicated his I-485 application, he filed a writ of mandamus action (or WOM) in federal court asking the court to order USCIS to do its job and process his application. The court procedure was delayed due to the Regional Center Program lapse after June 30, 2021 but was revived after Congress passed the 2022 EB-5 Reform and Integrity Act.

Behring’s investor was represented by our friend, Niral Patel, partner at KLD LLP. Behring congratulates Niral and the KLD team for their stellar legal advocacy and to our investor and his family for successfully getting their green cards. Visit KLD LLP’s LinkedIn.

Mandamus actions have been a vital and successful strategy for EB-5 investors to combat against USCIS’s unreasonable delay in processing their EB-5 petitions. Learn more about mandamus actions. If you are experiencing unreasonable delays in the processing of your I-526 or I-829 petitions, I-485 applications, consular processing, or responses to RFEs and NOIDs, you may consult your immigration attorney to see if your situation is appropriate for filing a WOM.

If you need an attorney referral or would like to learn more about mandamus actions, please contact Behring Regional Center.