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

[From_CAN_2_US 1,106]

37 minutes ago, ice-qube said:

Not talking about a US job. Just a Canadian job and take laptop and work remote for a couple of weeks at a time while visiting.

Yes, that is not allowed apparently…

 

The other way around though - a US citizen working in Canada while here on a visit for their US employer is allowed…

 

I am in the US right now, working remotely for my Canadian employer, but I am allowed to only because I have a green card. Furthermore, taxes become really complicated.

 

Perhaps you could consider moving there on a TN visa while you wait (provided you are educated in one of those 60 something fields that are eligible). Lawyers say there are chances you would be denied because of a pending immigrant visa, but we have had some people get approved before. I have read your chances of approval are higher should you show up at the border for an on-the-spot approval rather than apply online. The tricky part is ofcourse how the pending DS-5535 factors into all this, but I think just as people can cross into the US for a visit, a TN visa may still be possible with a pending DS-5535…

 

Just an idea, not sure if it has much merit….

Edited June 23, 2022 by From_CAN_2_US

[PZibran325 112]

6 minutes ago, From_CAN_2_US said:

Yes, that is not allowed apparently…

 

The other way around though - a US citizen working in Canada while here on a visit for their US employer is allowed…

There are exceptions to US citizen working remotely for their US employer while visiting Canada as well. For my work, I am allowed to work remotely from anywhere in the US, however I cannot work remotely on foreign soil (even Canada) unless my supervisor happens to be with me in the same location and we are on Canadian soil for a work assignment, If that makes sense. The only reason I know, because I wanted to take advantage of this option while waiting on hubby's visa so we could at least be together. Turns out I'm blocked there too.

[From_CAN_2_US 1,106]

15 minutes ago, PZibran325 said:

There are exceptions to US citizen working remotely for their US employer while visiting Canada as well. For my work, I am allowed to work remotely from anywhere in the US, however I cannot work remotely on foreign soil (even Canada) unless my supervisor happens to be with me in the same location and we are on Canadian soil for a work assignment, If that makes sense. The only reason I know, because I wanted to take advantage of this option while waiting on hubby's visa so we could at least be together. Turns out I'm blocked there too.

Really? When I lived in Canada, my US citizen husband visited me often - multiple times a year for up to one month each time. He worked remotely for his US employer without any supervisor being there and not working on Canadian assignments… he was questioned about it at the border and answered honestly and was not stopped.

 

I also reading this being allowed on a Canadian federal website (although I don’t remember where off the top of my head just now).

 

How did you come across this rule? Did your company tell you?

[PZibran325 112]

11 minutes ago, From_CAN_2_US said:

Really? When I lived in Canada, my US citizen husband visited me often - multiple times a year for up to one month each time. He worked remotely for his US employer without any supervisor being there and not working on Canadian assignments… he was questioned about it at the border and answered honestly and was not stopped.

 

I also reading this being allowed on a Canadian federal website (although I don’t remember where off the top of my head just now).

 

How did you come across this rule? Did your company tell you?

Yes, it is an employer issue not a Canadian or US immigration issue. So this rule is specific to my employer which is why I said that there are exceptions to what you were suggesting, some companies/industries have security protocols that do not permit even US citizens to work remotely from outside of the US except under certain specific circumstances.

[Frozen21 6]

Hey everyone, I am new here…wondering if requesting my passport will slow AP? I want to visit the US with my US citizen partner and 6 month US citizen baby (who was born in Canada) how long will it take the embassy to return my passport? I just do not want to complicate things and be troubled at the border..I do have a letter from my canadian job and all..

[PZibran325 112]

1 minute ago, mmt26 said:

Hey everyone, I am new here…wondering if requesting my passport will slow AP? I want to visit the US with my US citizen partner and 6 month US citizen baby (who was born in Canada) how long will it take the embassy to return my passport? I just do not want to complicate things and be troubled at the border..I do have a letter from my canadian job and all..

Hi we haven't tried this but it seems like that a number of people in AP have requested their passports and entered the US with no issues. I'll let those that have done it respond with any additional details, but I just wanted to let you know it is possible and not entirely inconvenient.

[Frozen21 6]

Just now, PZibran325 said:

Hi we haven't tried this but it seems like that a number of people in AP have requested their passports and entered the US with no issues. I'll let those that have done it respond with any additional details, but I just wanted to let you know it is possible and not entirely inconvenient.

My interview was recent June 8 - and last time I crossed the border in March they asked us who is sponsoring who and we told them we are pending interview in Montreal..it was a quick 2 mins. I am just so frustrated and do not want my summer ruined..I want my baby to enjoy the summer with the cousins and family lol

[PZibran325 112]

7 minutes ago, mmt26 said:

My interview was recent June 8 - and last time I crossed the border in March they asked us who is sponsoring who and we told them we are pending interview in Montreal..it was a quick 2 mins. I am just so frustrated and do not want my summer ruined..I want my baby to enjoy the summer with the cousins and family lol

same boat as you, we were interviewed on June 8th as well

[Mary184 5]

6 hours ago, From_CAN_2_US said:

It sounds like you are EB category.

 

No one really knows the precise reason DS-5535s are issued. My understanding is the computer reviews your profile among various parameters against a database of persons suspected of being a threat to national security. Any one parameter in itself does not trigger the DS-5535; so simply being from Iran isn’t necessarily sufficient, but that and/ or having education/ employment in certain fields, along with a name/ photo matching with the database would trigger DS-5535 to be issued.

 

I personally believe that Canada has recently been added to the list of high risk countries possibly because of intelligence of security threats originating in Canada. This is speculation but explains why Canadian citizens are targetted at a higher percentage than other Low risk countries since October 2021.

Thank you. I really believe  a big  part is just bad luck … we haven’t even travelled back for many years … people I mention I know have even travelled to countries of concern and yet everything has gone so smooth and hassle free. 

[Ontarkie 14,225]

1 hour ago, mmt26 said:

Hey everyone, I am new here…wondering if requesting my passport will slow AP? I want to visit the US with my US citizen partner and 6 month US citizen baby (who was born in Canada) how long will it take the embassy to return my passport? I just do not want to complicate things and be troubled at the border..I do have a letter from my canadian job and all..

What type of AP? Just normal or did you need to send in anything or the DS-5535? The type of AP makes a difference. 

Just regular we're reviewing the case AP is usually anywhere from a few days to a couple weeks. 

Sending in stuff your probably closer to 6-8 weeks

DS-5535 God only knows 

[Frozen21 6]

3 minutes ago, Ontarkie said:

What type of AP? Just normal or did you need to send in anything or the DS-5535? The type of AP makes a difference. 

Just regular we're reviewing the case AP is usually anywhere from a few days to a couple weeks. 

Sending in stuff your probably closer to 6-8 weeks

DS-5535 God only knows 

DS5535 unfortunately….interview was great not sure what triggered it…

[BatmanFlow 481]

58 minutes ago, mmt26 said:

DS5535 unfortunately….interview was great not sure what triggered it…

Sorry to hear. The wait is awful and the lack of transparency is the worst. You will have no idea when and where your case is. 

[Frozen21 6]

2 minutes ago, BatmanFlow said:

Sorry to hear. The wait is awful and the lack of transparency is the worst. You will have no idea when and where your case is. 

It really is…we applied in May 2020 and we are still here

[herecomestherain 77]

3 hours ago, mmt26 said:

Hey everyone, I am new here…wondering if requesting my passport will slow AP? I want to visit the US with my US citizen partner and 6 month US citizen baby (who was born in Canada) how long will it take the embassy to return my passport? I just do not want to complicate things and be troubled at the border..I do have a letter from my canadian job and all..

You’re in for a long ride. Asking for your passport back won’t complicate things, they will just ask for it back when they need it.

 

It took about a week to send mine back.

[herecomestherain 77]

5 hours ago, ice-qube said:

Not talking about a US job. Just a Canadian job and take laptop and work remote for a couple of weeks at a time while visiting.

Unfortunately it is illegal to do work in the U.S. remotely without a visa, regardless of where the actual employer is located.

 

If you are caught you could face a 10 year ban. 
 

I looked into it myself but I was disappointed when I found out.

 

Not my business but I really feel for you and your family. You must be going through so much and I think everyone in this forum would agree that one of the worst parts of this whole situation is the “not knowing”. 
 

For everyone, especially newbies, I think setting a limit on how long you are willing to wait for AP to resolve will go a long way for your mental health.
 

For example, we decided we wanted an answer by the end of July. Once we decided on the date to file WoM, it felt like I took back a little bit of control of my life.

 

Set a date way in the future and put money aside for WoM weekly or monthly. The WoM was 5.5K USD. If the day comes and nothing has changed, you will have money set aside for it. If AP resolves on its own, you have nest egg.