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

[Ontarkie 14,228]

3 hours ago, mmt26 said:

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

In this case ask for it back and go on vacation. 

[Frozen21 6]

38 minutes ago, Ontarkie said:

In this case ask for it back and go on vacation. 

Do I just email them on their consulate email address? 

[Ontarkie 14,228]

15 minutes ago, mmt26 said:

Do I just email them on their consulate email address? 

Yes just send them an email. 

[herecomestherain 77]

12 hours ago, mmt26 said:

Do I just email them on their consulate email address? 

No, they get all mixed up. Send it to:

canada_contactus+ca+info+en@visaops.net

[Mary184 5]

Hi everyone,

 

Presumably one applied for a work permit in US while waiting for AP to be resolved (DS5535), can one apply for I-485 to adjust the status? Is it doable or once one is under AP, there is no way to do so? Thanks. 

[Ontarkie 14,228]

1 hour ago, Mary184 said:

Hi everyone,

 

Presumably one applied for a work permit in US while waiting for AP to be resolved (DS5535), can one apply for I-485 to adjust the status? Is it doable or once one is under AP, there is no way to do so? Thanks. 

Your question was already answered in your thread. You will get the same result trying to switch visas. Entering the US with plans to Adjust is fraud. Do not go down this road. 

[Mary184 5]

1 minute ago, Ontarkie said:

Your question was already answered in your thread. You will get the same result trying to switch visas. Entering the US with plans to Adjust is fraud. Do not go down this road. 

Thanks for your response. I’m not sure if I understand the response completely. After the initial I-140 I had the option to stay in Canada and apply for IVP or move to the US if I have a work permit and apply for I-485 from US. I stayed in Canada and applied for IVP. I am not trying to do something illegal, I’m simply asking if after the visa interview for IVP, I still have the option to switch to move to US with a work Visa and then switch to I-485 (so I don’t turn down my job offers, and can settle faster). Adjusting status to I-485 is something common as far as I have heated for people being under other types of Visa and leaving in the US. My question is if I can do the same rather than waiting here in Canada for the IVP results. 

[Mary184 5]

Just now, Mary184 said:

Thanks for your response. I’m not sure if I understand the response completely. After the initial I-140 I had the option to stay in Canada and apply for IVP or move to the US if I have a work permit and apply for I-485 from US. I stayed in Canada and applied for IVP. I am not trying to do something illegal, I’m simply asking if after the visa interview for IVP, I still have the option to switch to move to US with a work Visa and then switch to I-485 (so I don’t turn down my job offers, and can settle faster). Adjusting status to I-485 is something common as far as I have heated for people being under other types of Visa and leaving in the US. My question is if I can do the same rather than waiting here in Canada for the IVP results. 

I should also add, there a some work visas that are dual intention, and allow applying legally for green card while working in the US under work permit Visa. This is what I had in mind when I asked my question. 
my earlier thread was “if the same AP process will happen for someone who has been flagged, for IVP, if applied for work Visa”. I talked to an attorney today and he said not necessarily. Not sure, hard to predict. 

[Ontarkie 14,228]

23 minutes ago, Mary184 said:

Thanks for your response. I’m not sure if I understand the response completely. After the initial I-140 I had the option to stay in Canada and apply for IVP or move to the US if I have a work permit and apply for I-485 from US. I stayed in Canada and applied for IVP. I am not trying to do something illegal, I’m simply asking if after the visa interview for IVP, I still have the option to switch to move to US with a work Visa and then switch to I-485 (so I don’t turn down my job offers, and can settle faster). Adjusting status to I-485 is something common as far as I have heated for people being under other types of Visa and leaving in the US. My question is if I can do the same rather than waiting here in Canada for the IVP results. 

Ah this is a work visa. Sorry was thinking spousal visa and then you trying for a work visa. You may want to stick to the thread you started. 

 

 

Edited June 24, 2022 by Ontarkie
edited because I mixed up the threads.

[From_CAN_2_US 1,106]

15 minutes ago, Mary184 said:

I should also add, there a some work visas that are dual intention, and allow applying legally for green card while working in the US under work permit Visa. This is what I had in mind when I asked my question. 
my earlier thread was “if the same AP process will happen for someone who has been flagged, for IVP, if applied for work Visa”. I talked to an attorney today and he said not necessarily. Not sure, hard to predict. 

What work visa would you be applying for? If it is H1B, DS-5535s are issued against H1Bs. With the applicant being the same, I don’t see how the DS-5535 would not be triggered when applying for this visa. Not a lawyer though, so can’t say for sure… 

 

I would take a second opinion from another reputable lawyer…

Edited June 24, 2022 by From_CAN_2_US

[OceanWater 60]

On 6/23/2022 at 11:35 AM, From_CAN_2_US said:

All it could take is name (similar to some person they suspect) + country. Canada being the latter.

 

I understand that you don’t have a name that is commonly thought to be associated with terrorism (like my Muslim name for example), but from what we are seeing, US intelligence is recently taking alternative right, white nationalist threats very seriously, especially since Jan 6. We also know there is support for such “activism” among the fringe right in Canada. Many, if not most of these people, have very white names. So there maybe several white names on the database.

Without giving away too much personal information, my record is as clean as you can get and have governmental clearances but share a surname with an American white nationalist. In my mind, my career (government related) or my last name triggered the DS5535. 

Edited June 24, 2022 by JR90

[Frozen21 6]

9 hours ago, herecomestherain said:

No, they get all mixed up. Send it to:

canada_contactus+ca+info+en@visaops.net

I tried..their response was that this email is associated with nonimmigrant visa scheduling..I emailed the consulate too..not sure what to do?

[herecomestherain 77]

13 minutes ago, mmt26 said:

I tried..their response was that this email is associated with nonimmigrant visa scheduling..I emailed the consulate too..not sure what to do?

Hey sorry, I found that email on the website where the old passport return request box was.

I emailed the consulate and CC’d the one I gave you.

 

The consulate will send your info to AIS for the return, no worries

[Frozen21 6]

On 6/24/2022 at 8:12 PM, herecomestherain said:

Hey sorry, I found that email on the website where the old passport return request box was.

I emailed the consulate and CC’d the one I gave you.

 

The consulate will send your info to AIS for the return, no worries

Does the consulate usually send an automated response? I did not receive any so not sure if they will see it lol..I requested them to send the passport before the long weekend coming up on both sides and I am assuming the montreal embassy will take both Canada day and July 4th off…

[BatmanFlow 481]

3 minutes ago, mmt26 said:

Does the consulate usually send an automated response? I did not receive any so not sure if they will see it lol..I requested them to send the passport before the long weekend coming up on both sides and I am assuming the montreal embassy will take both Canada day and July 4th off…

if you havent gotten a response yet, you wont get it in time for the long weekend.

when i asked for my moms passport back, they took a week to respond and it was pretty much telling me her passport was being returned and then i got tracking number the next day. took about two weeks in total to get it back