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

[PZibran325 112]

3 minutes ago, EB_Stuck said:

You have indicated your intent to over-stay pre-emptively. Also you have admitted to be working in USA on B1/B2 visa. All of these would compose grounds for inadmissibility; possibly 10 year ban and denial of any future VISAs.  Consular officers often check out these forms. If I were you, I would consult a lawyer! Good luck, you will need it,

Okay right I hadn't read the whole thing now I get what's going on and although not a lawyer, I'd advise against it.

[ClemsonC 62]

1 hour ago, Anna13 said:

Hey everyone ! I know this has been a brrrrutal process and I am hoping @deep2ca is a domino effect for the rest if us. I did want to jump on here to give anyone who is travelling to the USA on a B1 Vistor Visa from Canada advice and a possible loop whole to stay longer while we await for our process. I travelled to LA in April and am granted 6 months with the vistors visa, but long behold there is an option to request for an extension for a B1 visa! https://www.uscis.gov/visit-the-united-states/extend-your-stay It is a I-539 form and  get this, even if they do not approve the extension you are allowed to wait up to 240 days for the decision even if it passes your 6 month expiry date. That said it  is recommended to apply 45 days before your expiry date . Right now it is taking about 5-6 months for them to process 1-539 forms so I plan to submit my form in a week 2 months before my B-1 expiries and wait an extended time before they make a decision. 

 

It may not be for everyone but just wanted to share my plan in hopes it may be useful info to anyone else out there. I could not have stuck this thru without doing these long haul visits. Since I work from home it is practical and so if anyone else is on the same boat it may be some food for thought. Stay strong everyone!

I honestly wouldn't do anything that may have a chance to jepordize my case, or create any further delays

[From_CAN_2_US 1,106]

1 hour ago, Anna13 said:

Since I work from home it is practical and so if anyone else is on the same boat it may be some food for thought. Stay strong everyone!

Working remotely in the US when you do not have work authorisation is illegal. Since you have not received your green card and are visiting US on a B1/B2 visa, you do not have work authorisation.

Edited July 12, 2022 by From_CAN_2_US

[Mary184 5]

2 hours ago, Siarg said:

It’s the fiscal year, so for DV22 it started October 2021 and runs until September 30th 2022.

Thank you, makes sense 

[PZibran325 112]

1 hour ago, From_CAN_2_US said:

Working remotely in the US when you do not have work authorisation is illegal. Since you have not received your green card and are visiting US on a B1/B2 visa, you do not have work authorisation.

You know I didn't even know that myself until you mentioned it a while back within this thread. I'm glad people on here are so ready and willing to offer information otherwise some of us may end up in hot water through sheer ignorance.

Edited July 12, 2022 by PZibran325

[Anna13 5]

Oh wow I was completely unaware you could not work remotely while on vacation in the US. In that case I will no longer request to extend my travel visa in this case and just return home after my  one month stay. Thanks all for the advice!

[ice-qube 648]

Has anyone made any headway in research onto filing a WOM suit without a lawyer? I have not had time to look into this but I intend to soon.

[PZibran325 112]

17 minutes ago, ice-qube said:

Has anyone made any headway in research onto filing a WOM suit without a lawyer? I have not had time to look into this but I intend to soon.

Hey bud,

 

i've looked into it extensively. It is theoretically not impossible, but it is ill-advised. If you choose to go that route though you will have to figure out how to formulate the petition to make your case and enlist a process server to serve the government. It also will likely result in the govt not taking you very seriously because they are fighting an individual not a lawyer. So when you go before a judge they would have a better chance in convincing the judge that they're right (at least in their minds they will likely be less intimidated).

 

What I have found through my research is if you go through a lawyer, you can get your fees back. So if the case goes to a decision and the judge rules in your favor, you/your lawyer can ask the judge to also award reimbursement of your legal fees if the government's position is not justified (which obviously if the judge rules in your favor it isn't). And the law that allows you to ask for this reimbursement of legal fees is the Equal Access to Justice Act (EAJA). Congress enacted this law with the specific intention that people will not be dissuaded from holding the government accountable due to financial reasons.

 

Hope that helps.

[ice-qube 648]

6 hours ago, PZibran325 said:

Hey bud,

 

i've looked into it extensively. It is theoretically not impossible, but it is ill-advised. If you choose to go that route though you will have to figure out how to formulate the petition to make your case and enlist a process server to serve the government. It also will likely result in the govt not taking you very seriously because they are fighting an individual not a lawyer. So when you go before a judge they would have a better chance in convincing the judge that they're right (at least in their minds they will likely be less intimidated).

 

What I have found through my research is if you go through a lawyer, you can get your fees back. So if the case goes to a decision and the judge rules in your favor, you/your lawyer can ask the judge to also award reimbursement of your legal fees if the government's position is not justified (which obviously if the judge rules in your favor it isn't). And the law that allows you to ask for this reimbursement of legal fees is the Equal Access to Justice Act (EAJA). Congress enacted this law with the specific intention that people will not be dissuaded from holding the government accountable due to financial reasons.

 

Hope that helps.

Has anyone here who filed WOM received their legal fees back in a ruling? 

[PZibran325 112]

20 minutes ago, ice-qube said:

Has anyone here who filed WOM received their legal fees back in a ruling? 

I don't know about here, but I've read news reports of people who have brought WOMs against the USCIS and asked the judge to award them reimbursement of fees as well (and the judge ordered the fees to be reimbursed). Additionally, if you search online several lawyers do indicate you can get your fees back (i.e. search mandamus lawsuit for delays white and associates  they have a section where they explain you can ask your lawyer to ask the judge to order reimbursement of fees (just one example multiple are out there)). This, I think, is partly why they move so fast for people who file WOMs (i.e. that is it seems like just the notification of a WOM is enough to get your application adjudicated before it ever comes in front of a judge, I guess  they won't have to pay the fees because you never went in front of the judge to ask for reimbursement of the fees). That's my theory, I'd love to hear from those who filed WOMs on their experience as well as whether they or their lawyers asked for reimbursement of fees

Edited July 13, 2022 by PZibran325

[LAMA9 118]

8 hours ago, PZibran325 said:

I don't know about here, but I've read news reports of people who have brought WOMs against the USCIS and asked the judge to award them reimbursement of fees as well (and the judge ordered the fees to be reimbursed). Additionally, if you search online several lawyers do indicate you can get your fees back (i.e. search mandamus lawsuit for delays white and associates  they have a section where they explain you can ask your lawyer to ask the judge to order reimbursement of fees (just one example multiple are out there)). This, I think, is partly why they move so fast for people who file WOMs (i.e. that is it seems like just the notification of a WOM is enough to get your application adjudicated before it ever comes in front of a judge, I guess  they won't have to pay the fees because you never went in front of the judge to ask for reimbursement of the fees). That's my theory, I'd love to hear from those who filed WOMs on their experience as well as whether they or their lawyers asked for reimbursement of fees

From my case assistant at Goldstein on attorney/legal fees:

 

 

"Yes; technically, you can win attorney fees.

 

Under the Equal Access to Justice or EAJA, you can sue to recover attorney fees. And, in every lawsuit, it is mentioned in Paragraph 3 in your draft we ask the judge to award fees. But in practice, recovering attorney fees is extraordinarily unusual. Out of so many lawsuits, in only one single case did we ever actually get an award of attorney fees. So we can say with near certainty that the court will not grant attorney fees. 

 

Finally, to be clear, any such recovery of attorney fees would be exclusively retained by our firm as compensation for our work in the case. But this outcome so rarely comes into play since attorney fees have only been awarded in one of our cases, so our goal is not even to come close to Judge but we want to trigger the Defendants action to work on your case and to give final adjudication way before the Judge makes the decision."

[PZibran325 112]

1 hour ago, LAMA9 said:

From my case assistant at Goldstein on attorney/legal fees:

 

 

"Yes; technically, you can win attorney fees.

 

Under the Equal Access to Justice or EAJA, you can sue to recover attorney fees. And, in every lawsuit, it is mentioned in Paragraph 3 in your draft we ask the judge to award fees. But in practice, recovering attorney fees is extraordinarily unusual. Out of so many lawsuits, in only one single case did we ever actually get an award of attorney fees. So we can say with near certainty that the court will not grant attorney fees. 

 

Finally, to be clear, any such recovery of attorney fees would be exclusively retained by our firm as compensation for our work in the case. But this outcome so rarely comes into play since attorney fees have only been awarded in one of our cases, so our goal is not even to come close to Judge but we want to trigger the Defendants action to work on your case and to give final adjudication way before the Judge makes the decision."

So basically although they say you can, you really can’t🤦🏻‍♀️

[From_CAN_2_US 1,106]

1 hour ago, LAMA9 said:

Finally, to be clear, any such recovery of attorney fees would be exclusively retained by our firm as compensation for our work in the case. 

All makes sense to me, except this. The attorneys already get paid for their work when the client pays them. Why do they get to keep the recovered fees too?

[LAMA9 118]

17 minutes ago, From_CAN_2_US said:

All makes sense to me, except this. The attorneys already get paid for their work when the client pays them. Why do they get to keep the recovered fees too?

Exactly.  I haven't responded to that email yet.  Doesn't make sense at all.  But what at all in this process makes any logical sense?? 

[PZibran325 112]

5 minutes ago, LAMA9 said:

Exactly.  I haven't responded to that email yet.  Doesn't make sense at all.  But what at all in this process makes any logical sense?? 

That part is messed up but it sounds like there’s a slim to nil chance of recovering legal fees anyway