Form DS-5535 'SUPPLEMENTAL QUESTIONS FOR VISA APPLICANTS'

[Fatima el orra 48]

So we wont get the visa.even if my husband born there...where is his right to live with his wife

[deab 4]

6 hours ago, Enas said:

I know that the applicant goes through many background checks so the DS-5535 is more of an inconvenience than anything. This was put into place by Trump in 2017 as "extra vetting" which again doesn't make sense because applicants have already had many back ground checks and if there were really any red flags than it would already have been known.

 

One lawyer apparently says that some people are put in "constructive denials" where they aren't out right denied but just put into AP an indefinite time. And that's what I'm afraid of because that seems really unfair to just be left without a decision and just be left waiting. 

 

 

Enas~ Could you please provide the website where you read that an attorney stated that some people are placed in “constructive denials?”  I did a search for this phrase tonight and wasn’t able to come up with anything pertaining to visas. It did, however, come up repeatedly under the Freedom of Information Act.  I would like to read further about this phrase and the circumstances surrounding it. 

 

While searching I came across a new unfortunate visa policy that will take affect on September 11th of this year. The subject of this article is captured below in a quote along with the URL to read the full article.  

"If you're applying for a visa and leave out any required evidence, you could be rejected with no opportunity to fix your application, forcing you to re-apply and pay another round of fees," said tech firm Boundless Immigation cofounder Doug Rand, who also served as the former White House assistant director for entrepreneurship under President Obama.

URL: https://www.cnn.com/2018/07/16/politics/visa-policy-changes/index.html

 

We are currently sitting at 13 months of waiting since submitting the DS 5535 under the IR1 visa. We have been together since 2010 and married since 2014. We have contacted multiple representatives in the past with no real help in moving things along. Our file was touched somewhere between 5-10 times after submission, with most file touches occurring right after submission and then only one additional touch that was NOT prompted by my follow ups occurring in the spring of this year. 

[tiyyo 68]

8 hours ago, deab said:

Enas~ Could you please provide the website where you read that an attorney stated that some people are placed in “constructive denials?”  I did a search for this phrase tonight and wasn’t able to come up with anything pertaining to visas. It did, however, come up repeatedly under the Freedom of Information Act.  I would like to read further about this phrase and the circumstances surrounding it. 

 

While searching I came across a new unfortunate visa policy that will take affect on September 11th of this year. The subject of this article is captured below in a quote along with the URL to read the full article.  

"If you're applying for a visa and leave out any required evidence, you could be rejected with no opportunity to fix your application, forcing you to re-apply and pay another round of fees," said tech firm Boundless Immigation cofounder Doug Rand, who also served as the former White House assistant director for entrepreneurship under President Obama.

URL: https://www.cnn.com/2018/07/16/politics/visa-policy-changes/index.html

 

We are currently sitting at 13 months of waiting since submitting the DS 5535 under the IR1 visa. We have been together since 2010 and married since 2014. We have contacted multiple representatives in the past with no real help in moving things along. Our file was touched somewhere between 5-10 times after submission, with most file touches occurring right after submission and then only one additional touch that was NOT prompted by my follow ups occurring in the spring of this year. 

So in other words they won't be sending out RFEs but automatically reject the applications? Sounds like they are trying to squeeze a few more dollar bills....

[Enas 21]

11 hours ago, deab said:

Enas~ Could you please provide the website where you read that an attorney stated that some people are placed in “constructive denials?”  I did a search for this phrase tonight and wasn’t able to come up with anything pertaining to visas. It did, however, come up repeatedly under the Freedom of Information Act.  I would like to read further about this phrase and the circumstances surrounding it. 

 

While searching I came across a new unfortunate visa policy that will take affect on September 11th of this year. The subject of this article is captured below in a quote along with the URL to read the full article.  

"If you're applying for a visa and leave out any required evidence, you could be rejected with no opportunity to fix your application, forcing you to re-apply and pay another round of fees," said tech firm Boundless Immigation cofounder Doug Rand, who also served as the former White House assistant director for entrepreneurship under President Obama.

URL: https://www.cnn.com/2018/07/16/politics/visa-policy-changes/index.html

 

We are currently sitting at 13 months of waiting since submitting the DS 5535 under the IR1 visa. We have been together since 2010 and married since 2014. We have contacted multiple representatives in the past with no real help in moving things along. Our file was touched somewhere between 5-10 times after submission, with most file touches occurring right after submission and then only one additional touch that was NOT prompted by my follow ups occurring in the spring of this year. 

"As more and more visa applicants subjected to DS-5535 are likely to either face actual or constructive denials (such as where an application remains pending for an indefinite period of time)". http://blog.cyrusmehta.com/2017/06/trumps-tweet-on-extreme-vetting-may-have-opened-the-door-to-a-court-challenge.html

 

I looked up the term as well and found nothing but I'm wondering if that's what some embassies are doing? Exactly how long can one remain in AP.

 

 

My husband CEAC status says Issued and after two week he was given the DS-5535. But his status still says issued that's even more infuriating to be honest because I'm not sure where that leaves us.

 

 

That policy seems unfair. But honestly all these policies are unfair. 

[Enas 21]

3 hours ago, tiyyo said:

So in other words they won't be sending out RFEs but automatically reject the applications? Sounds like they are trying to squeeze a few more dollar bills....

No I don't think this Administration cares about more money. They just want to make legal immigration harder and harder until people just stop trying to come. 

[Enas 21]

12 hours ago, deab said:

Enas~ Could you please provide the website where you read that an attorney stated that some people are placed in “constructive denials?”  I did a search for this phrase tonight and wasn’t able to come up with anything pertaining to visas. It did, however, come up repeatedly under the Freedom of Information Act.  I would like to read further about this phrase and the circumstances surrounding it. 

 

While searching I came across a new unfortunate visa policy that will take affect on September 11th of this year. The subject of this article is captured below in a quote along with the URL to read the full article.  

"If you're applying for a visa and leave out any required evidence, you could be rejected with no opportunity to fix your application, forcing you to re-apply and pay another round of fees," said tech firm Boundless Immigation cofounder Doug Rand, who also served as the former White House assistant director for entrepreneurship under President Obama.

URL: https://www.cnn.com/2018/07/16/politics/visa-policy-changes/index.html

 

We are currently sitting at 13 months of waiting since submitting the DS 5535 under the IR1 visa. We have been together since 2010 and married since 2014. We have contacted multiple representatives in the past with no real help in moving things along. Our file was touched somewhere between 5-10 times after submission, with most file touches occurring right after submission and then only one additional touch that was NOT prompted by my follow ups occurring in the spring of this year. 

I found something very interesting https://www.soundimmigration.com/understanding-administrative-processing/ apparently this is how Immigration officers do background checks on people in AP. I think some of us maybe under Visas Condor and Visas Donkey 

 

 

 

What if I am already stuck in administrative processing?

Sometimes, no matter how much you preload, a case simply gets stuck. It can also get stuck because it came to you after it was already at the Embassy. In these cases, you need to slowly work through your remedies until the case is processed or is ripe for litigation.

Why is it stuck? Identify why your client’s case is stuck. Sit down, review it carefully, interrogate them on what was asked at the interview and what documents were reviewed or taken, and look over the case history. Was there a mistake on the spelling of a name? Was there information accidentally omitted earlier? Is the client from a Visas Condor country? Does the client have a common KST or EPS name? Figure out what is going on to the best of your ability, but don’t drive yourself nuts because sometimes you will never figure it out.  The following are steps that can be taken to remedy a case and identify the issue at hand.

1. Reach out to the consular post and ask them what is happening. You will probably be told the case is in administrative processing. However, sometimes you will get a more direct answer, “We have requested a legal advisory opinion” for example.
2. If you know why it is delayed and believe you can remedy it, then escalate to a supervisor. Otherwise wait the requested 60 days for administrative processing, do an inquiry again, and then escalate to a supervisor.
3. Reach out to AILA’s committee liaison, especially if you think you are experiencing a critical or common issue.
4. For non-immigrant visas contact the Department’s Visa Office. For immigrant visas reach out to the NVC and make sure the case hasn’t been sent back (some embassies are horrible about sending notices on this).
5. File a Congressional Inquiry. If the case has been pending at the consulate for more than one year, the congressional liaison can reach out directly to HQ rather than the post itself, this will often get you better information. Help your congressional liaison understand the case and what they can do to help.
6. Mandamus — understand there is a high chance of a pretextual, unexplained denial and the consulate does have an unavoidable duty to adjudicate the case in a reasonable time.

With each of these steps it is important to keep some other things to keep in mind:

• DOS is not always where the case is held up.
• Reach out directly, via FOIA, or indirectly (liaison) to the various agencies it may be holding the case: DHS/ICE/CIS/FBI/etc.
• Generally getting angry with DOS gets you nowhere. However, they do sometimes react well to humor (but not always).
• Be understanding and informative, “I understand this is probably not DOS holding up the case, but what can we do about it” or even “After thoroughly reviewing my client’s file I believe this additional information may help you.”
• Be creative: if DHS/ICE or FBI is who held up your case for background checks, then why are you only contacting or suing DOS? if you are bringing a new spouse but the petitioner is still living with the ex-spouse, why aren’t you encouraging your client to move somewhere else or kick the ex-spouse out? If the delays are caused by inadequate resources at the agency, then challenge the increase in agency work paired with the reduction in resources.
• Embassies often send emails at the start of their day and if you respond immediately may carry out a conversation rather than re-queue you for later communication.

 

 

[Tory&Taz 9]

Has anyone been approved after submitting ds-5535 or know of anyone who has been approved?

[Fatima el orra 48]

40 days on ap...still waiting..nth new...cr1. From.lebanon

[JJtheJetPlane 2]

Hey Guys,

 

My fiancee is from Vietnam, we passed the interview and then a few weeks later we were sent a refusal letter and under the reason it said they wanted more information. They did not give us a DS-5535 but it was exactly word for word the same questions. She sent the reply in 2 weeks ago and then they said the case was now going through "Administrative Processing". Now every weekday on the CEAC website it shows the case updated date with the current date. Does that mean someone is working on it every single weekday or is it something else? Anyone else experience this? Any insight is much appreciated. 

[Roor.M 82]

49 minutes ago, JJtheJetPlane said:

Hey Guys,

 

My fiancee is from Vietnam, we passed the interview and then a few weeks later we were sent a refusal letter and under the reason it said they wanted more information. They did not give us a DS-5535 but it was exactly word for word the same questions. She sent the reply in 2 weeks ago and then they said the case was now going through "Administrative Processing". Now every weekday on the CEAC website it shows the case updated date with the current date. Does that mean someone is working on it every single weekday or is it something else? Anyone else experience this? Any insight is much appreciated. 

Hey you, I'd say that's a good sign that they're updating the case almost daily without you sending an email or so. Keep your hopes and prayers high. May you get some great news soon!!

[JJtheJetPlane 2]

1 minute ago, Roor.M said:

Hey you, I'd say that's a good sign that they're updating the case almost daily without you sending an email or so. Keep your hopes and prayers high. May you get some great news soon!!

Thank you for the kind words Roor.M! Hope to hear something soon!

[Fatima el orra 48]

[Tanger h 0]

3 hours ago, Fatima el orra said:

J attend depuis decembre 2017 y a qlq mis a jours. Je me sens épuisée et mon mari souffre lui aussi 

 

[bouthaina_c 0]

On 9/7/2018 at 11:02 AM, Enas said:

It could be both. Maybe it just a basic red flag that they look out for.

We really don't know what's the reason behind this process.

Not to discourage you, but I am not from and didn't visit a banned country and I live in France. I've been in AP since August 2017  for a NON-immigrant  visa (more than a year..). I have never heard from them, I called them, emailed them.. but no response.

[JJtheJetPlane 2]

My fiancee just got a phone call from the embassy, they said her visa was approved. So it took two weeks total for the AP and extra background check. Didn't see anyone else on VJ from Vietnam with this problem, so just wanted to update in case someone searches for this in the future I really hope everyone in this thread gets approved!