Can I sue USCIS if my EB-5 case is delayed?

There is no automatic lawsuit that begins simply because your EB-5 case has been delayed. Delays can occur in the immigration process, and the concern is understandable, but a delay alone does not, by itself, give rise to legal action.

In general, the first recommended steps are the administrative channels: tracking the case status, seeking official information, and using available internal resources to try to move the process forward.

In specific situations, when there is evidence that the delay is causing significant harm or affecting rights, a specialized attorney can assess whether a legal measure is viable. It is worth noting that litigation against government agencies tends to be complex and time-consuming, and each situation must be evaluated individually.

If you are facing delays, the most advisable course of action is to consult a qualified professional and monitor USCIS official channels, prioritizing compliance and avoiding promises of quick solutions.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.