The dreaded DS-5535 thread for Montreal. Post here and support each other (split)

[herecomestherain 77]

On 4/8/2022 at 3:24 PM, Family One said:

Yes, I requested my passport back since I was planning to travel to the US the following week.  He refused to give it back explaining that I would not be able to travel anyway.  So I went to the US with my birth certificate. (not recommended, but it worked)

Did you receive a DS-5535 or just a 221g

[Family One 49]

13 minutes ago, herecomestherain said:

Did you receive a DS-5535 or just a 221g

221g with a promise that I would have my passport back within two weeks at the longest.  That was five weeks ago.

[Genzo10 16]

Hey, my fiance and me are on process and i read about this application.

 

Why do some have to fill it out and others not?

 

Is the DS-5535 the result of certain information that the applicant fills in the DS 160/260 before the interview? Isn't this due to information from I-129?

 

Thank you My fiancé was born in France, has dual citizenship because his parents (Tunisia) but hasn't traveled anywhere in the past 7 years other than the US to see me.

 

Do you think he can have it? 

 

Thank you so much

 

 

 

[pow123 14]

Given Canadian citizens can enter the US on various visa statuses without needing an actual visa stamp. In hypothetical scenario:

 

If a Canadian citizen applying for an immigrant visa is issued a DS-5535, could they change gears and enter the US under H1b/H4 status and switch to AOS instead? 

 

(Wife and I are going through consular processing right now for an employment based immigrant visa. We are both Canadian. I'm working in the US on H1b currently. Wondering if the above can be done if for some reason we are issued DS-5535.)

Edited April 16, 2022 by pow123

[From_CAN_2_US 1,106]

10 hours ago, pow123 said:

Given Canadian citizens can enter the US on various visa statuses without needing an actual visa stamp. In hypothetical scenario:

 

If a Canadian citizen applying for an immigrant visa is issued a DS-5535, could they change gears and enter the US under H1b/H4 status and switch to AOS instead? 

 

(Wife and I are going through consular processing right now for an employment based immigrant visa. We are both Canadian. I'm working in the US on H1b currently. Wondering if the above can be done if for some reason we are issued DS-5535.)

DS-5535 can be issued against multiple types of US Visas, this includes non-immigrant visas such as H1B. If you are issued a DS-5535 against an EB visa, you would also get a DS-5535 against an H1B visa application.

[pow123 14]

3 hours ago, From_CAN_2_US said:

DS-5535 can be issued against multiple types of US Visas, this includes non-immigrant visas such as H1B. If you are issued a DS-5535 against an EB visa, you would also get a DS-5535 against an H1B visa application.

I’m already in H1b status in the US and going through consular. Don’t need visa stamps as a Canadian citizen.

[pow123 14]

14 minutes ago, pow123 said:

I’m already in H1b status in the US and going through consular. Don’t need visa stamps as a Canadian citizen.

Would being issued DS5535 prevent me from reentering in H1b status?

[From_CAN_2_US 1,106]

6 hours ago, pow123 said:

Would being issued DS5535 prevent me from reentering in H1b status?

Not 100% sure,  but in my opinion, it probably won’t. If it were just visa free travel, ESTA, TN, B1/B2 etc, you may or may not be allowed entry, depending on the CBP officer’s discretion, since those visas are non dual intent. But H1B being dual intent, I think you would be allowed entry in most cases. At the end of the day, it still depends on the CBP officer.

 

And that’s the irony of the DS5535. People can still (in most cases) travel to the US with the visas they already have despite the ongoing security check.

Edited April 17, 2022 by From_CAN_2_US

[Ontarkie 14,304]

On 4/16/2022 at 2:16 PM, pow123 said:

Given Canadian citizens can enter the US on various visa statuses without needing an actual visa stamp. In hypothetical scenario:

 

If a Canadian citizen applying for an immigrant visa is issued a DS-5535, could they change gears and enter the US under H1b/H4 status and switch to AOS instead? 

 

(Wife and I are going through consular processing right now for an employment based immigrant visa. We are both Canadian. I'm working in the US on H1b currently. Wondering if the above can be done if for some reason we are issued DS-5535.)

The issue is once you have the interview there is no switching. You would have to start the process all over. 

[ice-qube 649]

My morale is very low today. It feels this will never end.

[mam521 2,111]

5 minutes ago, ice-qube said:

My morale is very low today. It feels this will never end.

Big hugs, brotha.  We've all got your back and are rooting you on.  I know we're "just" an online community, but we really do want to see the best outcome sooner than later.  

[ice-qube 649]

1 minute ago, mam521 said:

Big hugs, brotha.  We've all got your back and are rooting you on.  I know we're "just" an online community, but we really do want to see the best outcome sooner than later.  

Thank you so much. I swear I don't like using the forum as a therapy session, but man. I am almost at 6 months here since the interview and DS-5535. I don't know why today it is just bothering me extra. I don't see the end.

[mam521 2,111]

Just now, ice-qube said:

Thank you so much. I swear I don't like using the forum as a therapy session, but man. I am almost at 6 months here since the interview and DS-5535. I don't know why today it is just bothering me extra. I don't see the end.

You've had it rough, man.  Like really rough.  You've taken it pretty well IMO.  Everyone is going to have down days.  You're entitled to that.  Not a therapy session, but rather reassurance that you're not crazy and that your case is completely beyond any of our understanding for why it's gone the way it has.  

[EB_Stuck 47]

24 minutes ago, ice-qube said:

My morale is very low today. It feels this will never end.

Please do not lose hope!  If you have waited this long, waiting further might lead to more waiting. Consider WoM, at-least you would have taken action driving the agency to take action. Note, even after WoM lawsuit, you still might have to wait 60-90 days for things to really start moving. But it certainly gives you the end-sight in the horizon. A few lawyers to consider. I personally love Joshua's approach.

 

Joshua Goldstein

Hacking Immigration Law

Edited April 19, 2022 by EB_Stuck

[Hawk Riders 814]

2 hours ago, ice-qube said:

Thank you so much. I swear I don't like using the forum as a therapy session, but man. I am almost at 6 months here since the interview and DS-5535. I don't know why today it is just bothering me extra. I don't see the end.

DS5535 limbo seems painfully similar to the covid shutdown limbo we went through with a canceled and eventually 6-mos-later rescheduled interview... you're not alone in the experience of purgatory!