Chinese investors vs U.S. Citizenship and Immigration Services

Filing Date:December 15, 2016

Case:Peihua WANG Vs. Jeh Charles Johnson, Leon RODRIGUEZ, Nicholas COLUCCI, Julia HARRISON

Jurisdiction:Federal District Court for the District of Columbia

Status:Pending

Civil / Criminal:Civil

Negligence

This action seeks to remedy the unreasonable and unjustifiable delay by the U.S. Citizenship and Immigration Services (“USCIS” or “the agency”) in adjudicating the Form I-526, “Immigrant Petition by Alien Entrepreneur” (“I-526 Petition” or “Petition”), filed by Plaintiff Peihua Wang, a Citizen of the People’s Republic of China, nearly three years ago. The agency’s continuing and inexcusable delay in acting on Mr. Wang’s I-526 Petition is contrary to the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 555(b), 706(1), 706(2)(A), (C), (D), and, accordingly, this Court should exercise its mandamus power under the Mandamus and Venue Act (“Mandamus Act”), 28 U.S.C.§ 1361 to grant Mr. Wang relief. Adjudication of the Petition is a nondiscretionary ministerial duty owed to Mr. Wang, and Mr. Wang’s I-526 Petition meets all the requirements for approval. Mr. Wang has no other adequate remedy to obtain that right other than by way of this complaint.