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

[Danii 312]

5 hours ago, dude12345 said:

Hello everyone. Thank you for sharing your experiences and timelines. Here is my Canadian wife's timeline:

 

Interviewed in Montreal on 10/13/2021 -- (Refused but they kept her passport)

Received DS-5535 on the same day, about 1-2 hours after the interview. 

She filled it out and sent it back to them on the same day.

As of today, the status still says "Refused", last updated 10/15/2021. It has been about 45 days now. 

Hello, thanks for your sharing your timeline! I really hope that you guys will get approved next week. They tend to ship passports out on Fridays, so if you're in that batch, you should find out sometime mid week. Hoping the same for @DrJanko10!

[OG Fan 21]

On 11/25/2021 at 12:02 PM, Danii said:

Hi @OG Fan, I was wondering if you received your passport in the mail yet? 

Yes, sorry for the lack of updates.. for some reason I need to go through "Forgot Password" every time I want to sign in into this site.

 

I picked up my passport about a week after I got my approval email. And then the week after that I made my move to the US via YYZ. Everything went smoothly, the agent doing the processing was very nice and even helped me update my nexus status as well. 

[Danii 312]

14 minutes ago, OG Fan said:

Yes, sorry for the lack of updates.. for some reason I need to go through "Forgot Password" every time I want to sign in into this site.

 

I picked up my passport about a week after I got my approval email. And then the week after that I made my move to the US via YYZ. Everything went smoothly, the agent doing the processing was very nice and even helped me update my nexus status as well. 

No problem!! Thank you for the update and congratulations on the end of your visa journey

[deep2ca 77]

I have read online about countless people who were stuck in AP for over a year, some even for two years, either due to requiring a DS-5535 or for any other reason.  I doubt any of us will have to go down this road, but I discovered that if you file a Mandamus lawsuit the US Consulate is forced to complete its "Additional / Administrative Processing" within 60 days.

 

Quote

A mandamus lawsuit is filed to force the government to perform some duty or act that they are legally required to perform.  In the immigration context, USCIS, embassies/consulates and other federal agencies are legally required act on immigration applications – they cannot simply leave the application pending for an unreasonable amount of time.  When they have delayed acting on your application, a mandamus lawsuit is a useful tool to force the government to make a decision.

 

Supposedly you do not have to wait for a reasonable amount of time, you can file a Mandamus lawsuit immediately after being placed in AP. If you google "Mandamus Lawsuit DS-5535" there are lots of success stories, one couple even had their visa processed within 7 days of filing the lawsuit. 

 

You can read more about it here: https://nimerlaw.com/about-mandamus/

 

I also discovered that in January 2021, the Biden government got rid of PP 9645 & 9983 which was a discriminatory ban on entry to United States introduced by the Trump government. But that has resulted in the state department handing out DS-5535 like its candy even though it was initially designed to only affect 1% of applicants. There is on going litigation regarding this. 

Edited November 30, 2021 by deep2ca

[Danii 312]

41 minutes ago, deep2ca said:

I have read online about countless people who were stuck in AP for over a year, some even for two years, either due to requiring a DS-5535 or for any other reason.  I doubt any of us will have to go down this road, but I discovered that if you file a Mandamus lawsuit the US Consulate is forced to complete its "Additional / Administrative Processing" within 60 days.

 

I've been doing a lot of reading on this too. Some lawyer sites say that if you've already been in the visa process for over a year, filing WOM is acceptable as this is considered an unreasonable wait time. Since Montreal took so long to schedule all of us, I'm sure most of us here are already on our 2nd year of waiting. I've seen that the cost ranges from 3-6K depending on the lawyer. In the general DS5535 thread, I found a Canadian poster who recommended others to go through this route as it was successful for him. 

 

I'm strongly considering it but I will give the consulate 45-60 days first. I have a consultation with one law firm tomorrow and will share the details here if any of you are interested! 

[DrJanko10 101]

On 11/27/2021 at 4:20 PM, dude12345 said:

Hello everyone. Thank you for sharing your experiences and timelines. Here is my Canadian wife's timeline:

 

Interviewed in Montreal on 10/13/2021 -- (Refused but they kept her passport)

Received DS-5535 on the same day, about 1-2 hours after the interview. 

She filled it out and sent it back to them on the same day.

As of today, the status still says "Refused", last updated 10/15/2021. It has been about 45 days now. 

Hey, I interviewed on the same day as your wife. Have you heard anything yet? Today is 7 weeks since the interview, 49 days.

[Danii 312]

Hey everyone, as promised here is some info I got from one law firm about writ of mandamus. I'm talking to another one tomorrow. 

 

- If you've been waiting more than 1 year since filing i130, your case is considered delayed by most law firms. I've been waiting almost exactly 2 years, they said mine is considered very delayed. For this reason, they said I have a strong case and filing is appropriate, especially since I've had the interview. I think we're all in the same boat here. 

- The firm I spoke to is Goldstein Immigration. They quoted me $4500USD based on my case. I think it would be the same for everyone here. The other Canadian poster used Kuck Baxter and paid $5000USD. I will update this reply w the quote of the other firm (Hacking)

- They can file your case within 1-2 weeks if you decide to work with them. You pay up front or in installments. If your case is approved before they've completely filed, they will only charge you for what they've worked on. It wasn't very clear how much that'll be exactly... I'll ask them to clarify. I've heard that Hacking is similar, not sure about Baxter. 

- As @deep2ca said, this lawsuit forces the consulate to give you an update about your case within 60 days. You may not get a firm decision at this point though, it's possible that they may just ask you for additional information. From their experience though, going this route *magically* puts your case at the top of the pile, and almost everyone gets approved within 2-3 months (this was their "safe" estimate. It can be faster). I think the best part about this route is that it does give you an estimate processing time, even though 2-3 months is still too long. The uncertainty of this process is what's killing me so maybe it's worth it? 

 

Sucks that we have to drop $$$ and basically intimidate the consulate with a lawsuit into doing something that shouldn't take a lot of time just so that we have a more concrete timeline 😕

 

Let me know if you guys have any questions

Edited December 2, 2021 by Danii

[Federico 147]

8 hours ago, Danii said:

Hey everyone, as promised here is some info I got from one law firm about writ of mandamus. I'm talking to another one tomorrow. 

 

- If you've been waiting more than 1 year since filing i130, your case is considered delayed by most law firms. I've been waiting almost exactly 2 years, they said mine is considered very delayed. For this reason, they said I have a strong case and filing is appropriate, especially since I've had the interview. I think we're all in the same boat here. 

- The firm I spoke to is Goldstein Immigration. They quoted me $4500USD based on my case. I think it would be the same for everyone here. The other Canadian poster used Kuck Baxter and paid $5000USD. I will update this reply w the quote of the other firm (Hacking)

- They can file your case within 1-2 weeks if you decide to work with them. You pay up front or in installments. If your case is approved before they've completely filed, they will only charge you for what they've worked on. It wasn't very clear how much that'll be exactly... I'll ask them to clarify. I've heard that Hacking is similar, not sure about Baxter. 

- As @deep2ca said, this lawsuit forces the consulate to give you an update about your case within 60 days. You may not get a firm decision at this point though, it's possible that they may just ask you for additional information. From their experience though, going this route *magically* puts your case at the top of the pile, and almost everyone gets approved within 2-3 months (this was their "safe" estimate. It can be faster). I think the best part about this route is that it does give you an estimate processing time, even though 2-3 months is still too long. The uncertainty of this process is what's killing me so maybe it's worth it? 

 

Sucks that we have to drop $$$ and basically intimidate the consulate with a lawsuit into doing something that shouldn't take a lot of time just so that we have a more concrete timeline 😕

 

Let me know if you guys have any questions

I have been reading this thread for a hole month,  I am on the same boat all you are but different country (Dominican Republic). Interview November 2do, the CO told me I was requested to submit the DS5535 and the CO keep my passport, updated 3 days in a row after interview and last update September 24. I don’t think the mandamus is really worth it because the firm isn’t giving you a timeline for a final decision, just for an update and it looks like the consulate update cases once each 2 months. Let’s hope nobody has to incur in this process.

[Danii 312]

1 hour ago, Federico said:

I have been reading this thread for a hole month,  I am on the same boat all you are but different country (Dominican Republic). Interview November 2do, the CO told me I was requested to submit the DS5535 and the CO keep my passport, updated 3 days in a row after interview and last update September 24. I don’t think the mandamus is really worth it because the firm isn’t giving you a timeline for a final decision, just for an update and it looks like the consulate update cases once each 2 months. Let’s hope nobody has to incur in this process.

It wouldn't just be an update on CEAC. It would be some sort of communication (Approval, request for more information, if you've waited over 6 months/2 years, they'll ask for you to redo your medical/police certificate, maybe even refusal but the refusal would not be because you filed the lawsuit). They have to give you a verbal/written update as to what is happening to your case. From what I've seen, sometimes cases are completely finished processing, but some officer just forgot to pass it on to the next step. The case was stuck and probably lost amongst tons of other. The Mandamus just forces them to find the case and keep working. Most people I've seen did get approval soon after Mandamus and did not have to wait more than a few weeks-months. I've seen some people who have waited 1-2+ years, filed the Mandamus and got approved within a month... so strange and upsetting. I really hope it's not necessary, but for me personally, I think I will file after 60 days of waiting. 

 

Also wanted to add that the other Canadian poster on the general DS-5535 thread said they had a friend in USCIS who strongly suggested him to file the lawsuit soon after he got DS-5535 (this was in Nov 2018) as it will lead to his case being processed faster. He decided to just wait it out, and ended up filing the lawsuit Mar 2020. The consulate closed that same month, so his lawsuit wasn't processed. As soon as the consulate opened in Nov, his case was finally approved. He also said his case was finished with processing months prior, someone just forgot to sign off on it and approve it in the system lol. 

Edited December 2, 2021 by Danii

[Danii 312]

21 minutes ago, Danii said:

 

oops don't know how I replied to my own comment here lol. Meant to edit the previous one and say that the other Canadian's case wasn't approved the same month the consulate opened, but shortly after. It just got the ball rolling on his case. 

Edited December 2, 2021 by Danii

[DrJanko10 101]

14 hours ago, Danii said:

Hey everyone, as promised here is some info I got from one law firm about writ of mandamus. I'm talking to another one tomorrow. 

 

- If you've been waiting more than 1 year since filing i130, your case is considered delayed by most law firms. I've been waiting almost exactly 2 years, they said mine is considered very delayed. For this reason, they said I have a strong case and filing is appropriate, especially since I've had the interview. I think we're all in the same boat here. 

- The firm I spoke to is Goldstein Immigration. They quoted me $4500USD based on my case. I think it would be the same for everyone here. The other Canadian poster used Kuck Baxter and paid $5000USD. I will update this reply w the quote of the other firm (Hacking)

- They can file your case within 1-2 weeks if you decide to work with them. You pay up front or in installments. If your case is approved before they've completely filed, they will only charge you for what they've worked on. It wasn't very clear how much that'll be exactly... I'll ask them to clarify. I've heard that Hacking is similar, not sure about Baxter. 

- As @deep2ca said, this lawsuit forces the consulate to give you an update about your case within 60 days. You may not get a firm decision at this point though, it's possible that they may just ask you for additional information. From their experience though, going this route *magically* puts your case at the top of the pile, and almost everyone gets approved within 2-3 months (this was their "safe" estimate. It can be faster). I think the best part about this route is that it does give you an estimate processing time, even though 2-3 months is still too long. The uncertainty of this process is what's killing me so maybe it's worth it? 

Thank you for this information. My wife and I brought it up to our lawyer a month ago, and she told us not to do it. But she also gave us contradicting information about the WOM to begin with, so we've been considering getting a second opinion about it ever since. Reading about how your consultation went has convinced us to pursue a second opinion after all, closer to the 60 day mark since my interview which is fast approaching (day 50 today).

 

Doing my own research online, I found a law firm's website that outlines the steps we should take while going through this. The step before filling the WOM is to inform the consulate that we intend to do it, and that alone could be enough to get an update (and save us some $$). I'm curious if the firm you spoke with mentioned something similar.

[Danii 312]

1 minute ago, DrJanko10 said:

Thank you for this information. My wife and I brought it up to our lawyer a month ago, and she told us not to do it. But she also gave us contradicting information about the WOM to begin with, so we've been considering getting a second opinion about it ever since. Reading about how your consultation went has convinced us to pursue a second opinion after all, closer to the 60 day mark since my interview which is fast approaching (day 50 today).

 

Doing my own research online, I found a law firm's website that outlines the steps we should take while going through this. The step before filling the WOM is to inform the consulate that we intend to do it, and that alone could be enough to get an update (and save us some $$). I'm curious if the firm you spoke with mentioned something similar.

There is a lot of contradicting information out there, a lot of people on Visajourney (who didn't file WOM themselves) are also against it. However, the people who have filed WOM always strongly encourage others to go through with it. I think the best thing to do is talk to a lawyer who has a lot of experience in this particular field already. General immigration lawyers might be hesitant. 

 

Which law firms site did you read that? I was actually about to share that I read a post on here about doing just that. It was for AOS though. The person basically just wrote a letter directly to the office their case was at and said that after a certain number of days, they will file WOM. They got movement on their case shortly after. I'm definitely going to do the same! 

 

[DrJanko10 101]

13 minutes ago, Danii said:

There is a lot of contradicting information out there, a lot of people on Visajourney (who didn't file WOM themselves) are also against it. However, the people who have filed WOM always strongly encourage others to go through with it. I think the best thing to do is talk to a lawyer who has a lot of experience in this particular field already. General immigration lawyers might be hesitant. 

 

Which law firms site did you read that? I was actually about to share that I read a post on here about doing just that. It was for AOS though. The person basically just wrote a letter directly to the office their case was at and said that after a certain number of days, they will file WOM. They got movement on their case shortly after. I'm definitely going to do the same! 

 

Mona Shah & Associates 

Here is a link to the article I read (it's also a podcast): https://mshahlaw.com/overcoming-administrative-processing-challenges-with-ramin-asgard/

 

According to Goldstein immigration, your case is considered very delayed...if that is true, then my case is on a whole other level. Our I-130 was APPROVED in April 2019! I'm pretty sure that everything that could have gone wrong with an immigration case has gone wrong for us lol. 

[Danii 312]

7 minutes ago, DrJanko10 said:

Mona Shah & Associates 

Here is a link to the article I read (it's also a podcast): https://mshahlaw.com/overcoming-administrative-processing-challenges-with-ramin-asgard/

 

According to Goldstein immigration, your case is considered very delayed...if that is true, then my case is on a whole other level. Our I-130 was APPROVED in April 2019! I'm pretty sure that everything that could have gone wrong with an immigration case has gone wrong for us lol. 

Thank you for sharing!! 

 

Oh my 😳 You're not wrong about that, that is extremely delayed. I think any law firm will be shocked to hear how long you've been waiting. I'm so sorry, that's so frustrating. My husband jokingly suggested that we should all send emails to the consulate at the same time stating that we're going to file WOM soon 😂 maybe that'll scare them into working properly

 

Edited December 2, 2021 by Danii

[Allaboutwaiting 2,502]

I've been reading this thread for a while and first of all, I'm sorry you all are going through this.

 

I see you're considering filing a writ of mandamus but I'm wondering if contacting your congressional district representative could be an option before going through with a lawsuit and spending all that money.