I-829 Mandamus: Federal Litigation for Delayed PetitionsWhen USCIS delays adjudication of a pending I-829 petition, EB-5 investors and their families are left without a clear timeline or path forward. Our attorneys can evaluate your case and help determine whether a federal mandamus action or related APA claim is the right next step. Evaluate My Case More than 20 years of Excellence in Immigration Law When Agency Delay Requires a Different Approach Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is the final step in the EB-5 immigration process. At this stage, the investor demonstrates that the program’s requirements were satisfied during the conditional residence period, including that the required investment was sustained throughout that period and that the project created, or is on track to create, the necessary jobs within a reasonable time. Approval removes the conditions on permanent residence for the investor and eligible family members, converting conditional status into full, unconditional lawful permanent residence. For EB-5 investors, an unreasonable delay does more than leave a petition unresolved. It creates ongoing uncertainty about immigration status and complicates the long-term business and personal decisions that depend on a resolved case. When USCIS delays adjudication well beyond its published processing times without meaningful updates or a clear explanation, and administrative efforts fail to move the case forward, federal litigation may be the most direct path to a decision. Colombo & Hurd’s Federal Immigration Litigation Practice represents EB-5 investors in federal mandamus and APA actions involving delayed I-829 petitions. The practice is led by Sarah Wilson, a former senior official at the U.S. Department of Justice with extensive experience handling complex immigration matters in federal court. What Is an I-829 Mandamus Lawsuit? A mandamus lawsuit asks a federal court to require USCIS to take action on a petition that has remained pending for an unreasonable period of time. The court is not asked to approve the petition itself, only to compel USCIS to adjudicate the case and issue a decision. Federal courts evaluate these cases by considering several factors, including the length of the delay, the circumstances surrounding the petition, and whether USCIS has failed to act within a reasonable timeframe. When I-829 Mandamus May Be Appropriate Every EB-5 case is different, and there is no fixed timeline that automatically qualifies a petition for mandamus litigation. A careful evaluation considers the full circumstances of each case. Litigation is worth a serious assessment when: The I-829 petition has been pending significantly beyond USCIS’s published processing times Expedite requests or other administrative efforts have not produced meaningful results The investor’s immigration status, business plans, or family circumstances are materially affected by the delay Congressional inquiries or USCIS service requests have failed to prompt agency action The delay appears to lack a reasonable explanation given the circumstances of the petition A case evaluation can help determine whether the circumstances of your petition support federal litigation as a realistic path to resolution. Led by a Former Senior Official at the U.S. Department of Justice Colombo & Hurd’s Federal Immigration Litigation Practice is led by Sarah Wilson, a former Assistant Director in the U.S. Department of Justice’s Office of Immigration Litigation and, in 2025, Acting Deputy Assistant Attorney General in the Civil Division. During her tenure at the DOJ, Ms. Wilson supervised complex immigration litigation and represented federal agencies in federal court. That experience provides direct insight into how government attorneys approach delay litigation, how agencies respond to mandamus and APA complaints, and how courts evaluate claims of unreasonable agency delay. That perspective now informs how we develop litigation strategy on behalf of investors, with a clear understanding of both sides of these disputes and what is required to move a delayed case toward resolution. How We Approach I-829 Mandamus Litigation Case Evaluation and Record Review Our representation begins with a thorough review of the full procedural history of the I-829 petition, including filing dates, USCIS receipt and processing records, any Requests for Evidence or other correspondence, and all prior expedite requests or service inquiries. This record forms the foundation of a well-supported mandamus or APA complaint and allows us to assess whether the delay meets the legal threshold for court intervention. Federal Court Filing and Strategy When litigation becomes necessary, our Federal Immigration Litigation Practice develops a strategy tailored to the specific facts of the case and the procedural realities of federal court practice. While no attorney can guarantee a specific outcome, federal litigation can often help bring long-pending cases to resolution. Colombo & Hurd Federal Immigration Litigation With over 450 team members worldwide and more than 30 U.S. immigration attorneys, Colombo & Hurd brings substantial experience to complex immigration matters. Our Federal Litigation Practice is built on disciplined case preparation and a clear understanding of how immigration agencies operate and how federal courts hold them accountable. Our longstanding reputation for excellence is reflected in our AV Preeminent® rating from Martindale-Hubbell and A+ Better Business Bureau rating. LeadershipSarah WilsonPartner & Federal Immigration Litigation Practice LeaderRead More