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Lawsuit Over Visa Delays for Immigrant Investors Moves Forward

Aug. 17, 2020, 4:15 PM

A group of 10 investors hoping to participate in the EB-5 immigrant investor program can go forward with their lawsuit claiming U.S. Citizenship and Immigration Services has unreasonably delayed adjudication of their petitions, a U.S. magistrate judge in San Francisco ruled.

The Administrative Procedure Act permits federal courts to compel agency action “unlawfully withheld or unreasonably delayed,” Judge Alex G. Tse at the U.S. District Court for the Northern District of California said in denying a defense motion for dismissal on Friday. But determining whether agency action is unreasonably delayed is usually a “complicated and nuanced task” requiring consideration...

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