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90 days—that’s how long Congress requires U.S. Citizenship and Immigration Services (“USCIS”) to schedule or waive an interview on a pending Form I-829. Yes, you read that right, just 90 days.
It then requires them to make a final decision within the next three months. What’s more, USCIS’s regulations make these processing times binding.
Despite the requirements from Congress and the very regulations USCIS has set for itself, and despite what any rational person would expect, USCIS reports that it takes over 50 months to make decisions on most I-829 Forms.
Specifically, it decides on 80% of the pending Forms I-829 within 50.5 months. That is about ten times longer than it’s supposed to take. After waiting years to get your 2-year conditional green card, this subsequent impending delay is absolutely absurd. For most, it’s downright disheartening.
But there’s reason to take heart. When the time comes for your Form I-829, there is a straightforward mechanism that you can use to get a decision within eight to ten months of filing. You can shave years off of your wait time.
Of course, your petition attorney may not want to tell you about it. Let me explain.
The mechanism is an unreasonable delay lawsuit. For the past several years, hundreds of EB-5 investors have taken advantage of unreasonable delay lawsuits to get a decision on their Form I-829 within months rather than years.
I know what you’re thinking: a lawsuit to get a decision on your Form I-829?! That sounds extreme, expensive, and exhausting, but hear me out; it doesn’t have to be. Here’s why:
First, unreasonable delay suits are part of USCIS’s everyday business because of its unprecedented delays. They are routine. They are intended to hold USCIS accountable for ignoring Congress, and they work.
Second, Form I-829 delay cases are templates. I laugh when I hear EB-5 petition attorneys (attorneys who rarely do any form of litigation) take credit for settlement agreements to resolve I-829 delays.
USCIS doesn’t fight these cases because it has no defense against ignoring the statutory and regulatory deadlines. So, if someone can write, file, and serve a complaint, USCIS will more likely than not “settle” by agreeing to make a final decision within a set timeline.
Because these cases consistently settle, the actual work that goes into such a case is very predictable. After writing, filing, and serving the complaint, USCIS gets 60 days to respond.
Again, I know what you’re saying. Doesn’t the USCIS routinely claim you’ll hear something in 60 days? Yes, they do. However, unlike that token claim, this is an actual deadline under the Federal Rules of Civil Procedure.
That 60-day timeline is fixed, and a judge will ensure the government follows it. In most I-829 delay lawsuits, the government defense attorney will reach out and explain that USCIS will take action within 30 to 90 days.
You can negotiate for a shorter time or simply agree to the proposal as the plaintiff. Then, you’ve got yourself a decision 80% faster than typical processing times.
This is why EB-5 petition attorneys—who don’t typically handle lawsuits and federal litigation—dabble in this type of case. They can charge a premium, use and reuse the same complaints, and, finally, take credit for the results. To be sure, it’s good business. But do you really need an attorney for such a process?
In the United States, you have the right to represent yourself in Court. This is called pro se in the legal system, and it can actually be disastrous. For complicated lawsuits, it’s often said that people who represent themselves have a fool for a client and a lawyer.
However, for straightforward cases with an incredibly high settlement rate, a person representing themself in litigation maintains control over the timing, costs, and negotiations. Form I-829 lawsuits are tailor-made for savvy EB-5 investors tired of paying the endless stream of EB-5 “professionals.” Rest assured, you don’t have to do it alone.
Pro Se Pro (“PSP”) is a new start-up focused on helping immigrants use delay suits to get the immigration benefits they need in a reasonable amount of time.
Since its inception in May 2023, it has helped more than 1,400 individuals and families file, serve, and settle delay cases in federal courts throughout the United States. It offers the same services for EB-5 investors pursuing Form I-829 delays.
PSP limits its case types to those that its attorney advisor has written, filed, and settled consistently.
PSP will provide you with the materials you need, effect proper service of your complaint, and provide support as you settle your own case. Because you will be representing yourself, PSP can provide these services at a fraction of the cost that precocious petition attorneys charge for placement in a “group suit.”
To learn more, check out www.prosepro.co
About the Author: Brad Banias
Brad discovered his passion for federal court immigration litigation during his first federal clerkship. In an effort to effect change from inside the government, Brad worked as a trial attorney for the U.S. Department of Justice’s Office of Immigration Litigation District Court Section.
Brad then returned to Charleston, South Carolina, and entered private practice. He was the managing partner at Wasden Banias, LLC, where he designed and executed litigation that changed the face of employment-based immigration.
Today, he continues to focus on Federal Court immigration litigation, challenging unreasonable delays, arbitrary denials, unlawful removal orders, and illegal detention. He also teaches Immigration Law and Policy, Administrative Law, and Federal Courts and Immigration at the Charleston School of Law. Brad lives in Charleston, South Carolina.
You can contact Brad through his website or his LinkedIn account.
