I-829 Mandamus: Seeking Timely Resolution for EB-5 Investors

Los Angeles EB-5 Immigration Lawyers – I-829 Mandamus
Overview of I-829 Mandamus

The I-829 mandamus is a legal remedy for EB-5 investors whose Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, is facing prolonged delays at USCIS. The I-829 petition is the final step in the EB-5 program, allowing investors to remove conditions on their green card and obtain unconditional permanent residency. When USCIS processing times are unusually long, the I-829 mandamus offers a way to compel timely adjudication.

What is an I-829 Mandamus?

Mandamus, meaning “we command,” is a federal court action filed against USCIS to require them to act on a pending I-829 petition. This legal tool allows EB-5 investors to assert their rights and demand that USCIS make a decision when delays exceed normal processing periods.

When to File an I-829 Mandamus

An I-829 mandamus may be appropriate in cases where:

  • The I-829 petition has been pending far beyond USCIS’s standard processing times.
  • Delays are causing uncertainty regarding immigration status.
  • Other attempts to expedite the petition have failed.
Filing an I-829 Mandamus Lawsuit in 2025

To initiate an I-829 mandamus action:

  • The EB-5 investor, with their immigration attorney, files a complaint in federal court.
  • The complaint requests the court to order USCIS to adjudicate the I-829 petition promptly.
  • The court evaluates whether USCIS’s delay is unreasonable and whether mandamus relief is warranted.
Legal Standard for I-829 Mandamus

Success in an I-829 mandamus action requires demonstrating:

  • USCIS’s delay in adjudicating the petition is unreasonable.
  • All other administrative remedies have been exhausted.
  • The court will weigh the investor’s interests against USCIS’s workload and resources.
Potential Outcomes of an I-829 Mandamus

Favorable outcomes may include:

  • Prompt adjudication of the I-829 petition, leading to removal of conditions and granting of unconditional permanent residency.
  • In some cases, the court may award attorney’s fees and costs to the prevailing party.
Hire an Experienced Immigration Attorney

Filing an I-829 mandamus is a serious but effective step for EB-5 investors seeking timely resolution. Consulting experienced immigration attorneys is essential to evaluate your case and determine if a mandamus action is appropriate. Contact us at 323-805-0445 for a consultation regarding your EB-5 mandamus case.

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Practice Areas:

  • Immigration Law
  • Affirmative and Defensive Asylum
  • Employment Immigration
  • Cancelation of Removal
  • Credible Fear Inerview

Education:

Florida International University College of Law, Miami, Florida
  • Miami – 2020
  • Honors: Dean’s List
Universidad Francisco Gavidia, San Salvador
  • B.S. – 2008
  • Major: Engineering

Representative Clients

  • Hispanic

Current Employment Position

  • Senior Partner

Mariano F. Herrera

Mariano Herrera is a passionate and dedicated United States Immigration Attorney originally from El Salvador, Central America. His personal journey as an immigrant to the United States inspired him to pursue a career devoted to helping others navigate the complex path of immigration law. After earning his Juris Doctor from Florida International University (FIU) College of Law and passing the bar exam, Mariano began his practice as an immigration attorney with an unwavering commitment to advocacy and justice. Drawing on his own immigrant experience, Mariano deeply understands the hopes and challenges faced by those seeking a new life in America. He brings empathy, precision, and determination to every case, representing clients before the Immigration Courts and USCIS. His mission is simple yet profound — to help as many immigrants as possible realize their American dream. Mariano’s legal expertise covers a wide range of immigration matters, including business and employment immigration, family-based petitions, asylum, deportation defense, and naturalization. Known for his meticulous attention to detail and steadfast dedication, he ensures that each client receives personalized guidance and strong representation. Fluent in both English and Spanish, Mariano effectively serves a diverse community of clients from around the world. Beyond his legal practice, Mariano is actively engaged in community outreach and education. He regularly leads workshops and seminars to inform immigrants about their rights and legal options, and partners with nonprofit organizations to provide pro bono legal services to those in need. Outside the office, Mariano enjoys traveling, exploring different cultures, and discovering new cuisines — experiences that broaden his worldview and deepen his empathy for clients from all backgrounds. A passionate reader and keen follower of global affairs, he continually enriches his knowledge of immigration trends and international issues. Mariano Herrera’s journey from El Salvador to the United States, combined with his compassion and professional excellence, has made him a trusted advocate and a respected figure in the field of immigration law.

Past Positions

  • Brandis and Associates, Associate Attorney, Feb. 2022 – July 2022

Professional Associations

  • State Bar of Wisconsin, Member, 2020
  • American Immigration Lawyers Association, Member, 2022 – 2023

Bar Admissions

  • El Salvador, 2003
  • Wisconsin, 2020
  • U.S. Court of Appeals 9th Circuit
  • U.S. Immigration Court

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Practice Areas:

  • Immigration Law
  • Business Immigration
  • Employment Immigration
  • Family Based Immigration
  • Non-Immigrant Visas

Education:

Florida International University College of Law, Miami, Florida

  • LL.M – 2020
  • Honors: Dean’s List

Bowling Greend State University, Bowling Green, Ohio

  • M.A.
  • Honors: Dean’s List

Representative Clients

  • Caribbean

Current Employment Position

  • Partner

Juliette A. Potter

Juliette Potter is a highly accomplished United States Immigration Attorney with over two decades of legal experience. She began her legal journey as a Barrister in the United Kingdom and was later admitted as an Attorney-at-Law in Antigua and Barbuda before the Eastern Caribbean Supreme Court.

Ms. Potter’s academic background is equally distinguished. She holds a Master of Laws (LL.M.) from Florida International University College of Law, a Bachelor of Laws (Honors) from the University of Wolverhampton, and a Legal Education Certificate from the Norman Manley Law School in Jamaica. She also earned a Master’s degree in Organization Development from Bowling Green State University’s College of Business in Ohio.

Her professional experience spans both the corporate and legal worlds. Before entering private immigration practice, she served as Chief Legal Officer for an international group of companies. Today, she is a Licensed Attorney in the State of New York, representing clients before the Federal Immigration Courts of the United States, while also maintaining her active law license in Antigua and Barbuda.

As an immigrant herself, Ms. Potter brings a unique perspective and deep empathy to her practice. Her personal experiences inspire her unwavering commitment to helping clients navigate the complexities of U.S. immigration law with confidence and care.

Outside the courtroom, Ms. Potter enjoys cooking, traveling, and exploring new cuisines — passions that reflect her appreciation for diversity and global cultures, both in life and in law.

Past Positions

  • The Fairweather Group, Chief Legal Officer, 2012 to 2018
  • Elite Island Holding Company Ltd., Legal Counsel, 2005 to 2012

Professional Associations

  • New York State Bar Association, Member, 2022
  • Antigua and Barbuda Bar Association, Member, 2005
  • American Immigration Lawyers Association, Member, 2023 – 2024

Bar Admissions

  • England and Wales, 2003
  • Eastern Caribbean Supreme Court, 2005
  • New York, 2023