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[HOT] How many days should or does USCIS take to adjudicate I-829s?


The answer reveals that USCIS does not follow its own EB-5 law -- which makes us wonder why EB-5 investors have to follow the EB-5 law when USCIS does not. Of course, the answer is they are the government and we are not.

Why do I say that USCIS is not following its own law on this issue? Well, according to its own regulation, USCIS is supposed to adjudicate I-829s within 90 days from the filing date. Since USCIS often repeats that EB-5 petitioners must follow the frame work of EB-5 statutory and regulatory provisions, it does not seem fair that USCIS can get away with consistently ignoring its own regulation, while EB-5 investors have to follow USCIS regulations.

8 CFR 216.6(c)(1) says:

(c) Adjudication of petition.

(1) The decision on the petition shall be made within 90 days of the date of filing or within 90 days of the interview, whichever is later.

The key word here is "shall", not "may".

Of course, we understand why USCIS may not be able to adjudicate all I-829s within 90 days: shortage of staff, etc. But when the government fails to follow its own law but demands that petitioners and attorneys follow the law, then something is seriously wrong; and this kind of unfair practice lessens citizens' trust in their own government.