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

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10 minutes ago, GraceFace33 said:

Hi everyone, We are in AP a little over 3 months now. I am sorry I think this is the wrong thread but does anyone know if there is a thread for people in AP who were not given this DS5535 form? We were not given it and our passport kept but here we are over 90 days later...

There is one person here who didn't get DS5535 and a few others on the main Montreal IV thread. There's no separate thread for AP but I guess this one can be used? Getting DS5535 basically means you are in AP but those cases probably just get more background checks done.

 

Were you refused/approved at your interview? I've seen a few cases were ppl were approved and then either refused or not told anything and had to wait weeks for the passport to come in. 

 

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Country: Canada
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On 12/10/2021 at 11:39 AM, Hamlet said:

Just received my tracking number email. Status still showing refused. Hopefully it’s a mistake and has the visa stamped inside it. 
 

I will update when I receive it and if there is a 221g or ds5535 with it. 

I received my tracking number later than most other groups and after checking today there was a delivery date change to a later date and the reason was because it was picked up from another location than expected. 
 

im just spinning my wheels looking for any clues. 
 

 

8EE44C28-7003-4C91-8BF0-68A0189FDA80.jpeg

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Filed: IR-1/CR-1 Visa Country: Canada
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2 minutes ago, Hamlet said:

I received my tracking number later than most other groups and after checking today there was a delivery date change to a later date and the reason was because it was picked up from another location than expected. 
 

im just spinning my wheels looking for any clues. 
 

 

8EE44C28-7003-4C91-8BF0-68A0189FDA80.jpeg

I got the same message on my tracking. My passport is ready for pick up as of this morning though. This is for pick up in downtown Toronto.

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Filed: IR-1/CR-1 Visa Country: Canada
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On 12/11/2021 at 12:08 PM, Danii said:

Hi Randomwalk, I'm sorry that you're here. I think you're the 4th person originally from Pakistan that I know of at Montreal (including me). In general, I feel like Pakistanis, even if we are citizens of other countries, are more likely to be "randomly selected" for this process. Since DS5535 requires background checks, I was worried that it would take more time for us since they'll need to gather information from Pakistan, and the infrastructure for that isn't too amazing there. Fortunately, one person here who had ties to Pakistan got approved within 45 days! That gave me a lot of hope, good to know that this our state of chargeability won't be too much of a cause for delay. 

 

Btw, what did you submit for your birth certificate? My original one wasn't accepted, so I got an FRC from Nadra. NVC originally declined it, until I called and told them that their own website says it's acceptable. At my interview, the officer looked quite confused when she looked at the FRC and I explained once again that it's an accepted document as per their website. She eventually agreed but took a photocopy (even though it's on NVC?) I wonder if that's one reason I got selected. It's weird though because I spoke with two other Pakistani Canadians who submitted FRC without any problems. 

I had an similar experience. My birth certificate is from 1988 in Punjab, India. Its old, and its printed on some sort of hemp paper. I submitted it along with a certified translation. NVC accepted it, no problems there. At the interview, the consular office asked to see it, I handed him an envelope, in the envelope was the original and the certified translation. He opened it, took the certified translation out first, took a brief look at that. Then he  started taking the original out, and I noticed that he was handling it like it was dirty or very delicate, it was folded it in half, he took it out of the envelope, made a weird confused face, did not even bother unfolding it to see it properly, and put it back in the envelope and put them both away. 

 

My finger prints were also taken twice, once when I got there and checked in, and once again by the consular officer during the interview. 

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Filed: IR-1/CR-1 Visa Country: Canada
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On 12/11/2021 at 12:44 PM, From_CAN_2_US said:

I have another theory of why the numbers of DS-5535s seems to be increasing. Maybe US intelligence has some recent information of national security threat originating from Canada. This would explain why other consulates around the world that suddenly increased interview slots, such as London, did not face the same DS-5535 issue.

 

Trump administration implemented a blanket immigration ban on many countries. Biden government removed the restriction. The state department used this opportunity to implement a new strategy, which is to widely use the DS-5535, outside of the scope it was indented to be used (to prevent terrorists or national security threats from entering USA). This abuse of the DS-5535 has been recognized and there is on going litigation regarding this.  

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2 hours ago, deep2ca said:

 

Trump administration implemented a blanket immigration ban on many countries. Biden government removed the restriction. The state department used this opportunity to implement a new strategy, which is to widely use the DS-5535, outside of the scope it was indented to be used (to prevent terrorists or national security threats from entering USA). This abuse of the DS-5535 has been recognized and there is on going litigation regarding this.  

Thanks for this info. Do you know when this change from the DoS came into effect? The blanket immigration ban was lifted back in early 2021. We are seeing this surge of DS 5535 only since October 2021. Of course, like someone said before, it may simply be because the number of interviews per month has increased by a LOT.

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Filed: IR-1/CR-1 Visa Country: Canada
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7 hours ago, From_CAN_2_US said:

The consulate keeps the original police certificates for all applicants, even those approved. So you are good.

Oh that is fantastic!! That makes me feel better!

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4 hours ago, From_CAN_2_US said:

Thanks for this info. Do you know when this change from the DoS came into effect? The blanket immigration ban was lifted back in early 2021. We are seeing this surge of DS 5535 only since October 2021. Of course, like someone said before, it may simply be because the number of interviews per month has increased by a LOT.

This reminded me to check the visa stats. Looks like their fiscal year ends Sept/starts Oct.... I wonder if that has any effect or if that's just a coincidence? Here is a stat summary (CR1+IR1) - Aug: 98, Sept: 127, Oct: 258

 

Edit: Found something interesting in the department of state budget justification document. Does anyone understand the last sentence? I don't think I'm reading it right LOL

 

"Visa Services Directorate: The FY 2022 Request of $166.9 million reflects an increase of +$3.4 million above the FY 2021 Estimate [...] Funds will be prioritized towards in-depth screening of higher-risk visa applicants by adjudicating clearly approvable visa cases domestically" 

 

Edited by Danii
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Filed: IR-1/CR-1 Visa Country: Canada
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45 minutes ago, Danii said:

This reminded me to check the visa stats. Looks like their fiscal year ends Sept/starts Oct.... I wonder if that has any effect or if that's just a coincidence? Here is a stat summary (CR1+IR1) - Aug: 98, Sept: 127, Oct: 258

 

Edit: Found something interesting in the department of state budget justification document. Does anyone understand the last sentence? I don't think I'm reading it right LOL

 

"Visa Services Directorate: The FY 2022 Request of $166.9 million reflects an increase of +$3.4 million above the FY 2021 Estimate [...] Funds will be prioritized towards in-depth screening of higher-risk visa applicants by adjudicating clearly approvable visa cases domestically" 

 

I estimate closer to 500 IR1 + CR1 + IR2 + IR5 cases for the month of December, from the numbers I saw at the consulate when I was there (10 time slots per day with, 10 people scheduled per slot).


With the sentence you shared, I don’t understand what “adjudicating domestically” means… but it does sound like they are investing more funds on security screening, and thus maybe can afford to issue more DS-5535s

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41 minutes ago, Danii said:

This reminded me to check the visa stats. Looks like their fiscal year ends Sept/starts Oct.... I wonder if that has any effect or if that's just a coincidence? Here is a stat summary (CR1+IR1) - Aug: 98, Sept: 127, Oct: 258

 

Edit: Found something interesting in the department of state budget justification document. Does anyone understand the last sentence? I don't think I'm reading it right LOL

 

"Visa Services Directorate: The FY 2022 Request of $166.9 million reflects an increase of +$3.4 million above the FY 2021 Estimate [...] Funds will be prioritized towards in-depth screening of higher-risk visa applicants by adjudicating clearly approvable visa cases domestically" 

 

I had to look it up for context and I think it makes a little more sense with the bold bit:

 

The Visa Services Directorate (VO) supports overseas posts visa adjudication and security screening activities, which are national security decisions, while ensuring officers make adjudication decisions in accordance with laws and regulations. VO works with other agencies to screen all applicants efficiently and accurately for security threats and other potential ineligibilities. In addition, VO manages all domestic case preparation for interviews overseas, including significant prescreening and anti-fraud screening. The FY 2022 Request of $166.9 million reflects an increase of +$3.4 million above the FY 2021 Estimate. This funding level maintains visa support services at anticipated workload rates. Funds will be prioritized towards in-depth screening of higher-risk visa applicants by adjudicating clearly approvable visa cases domestically.

 

It sounds like they're going to let the VO approve cases in addition to the work they're already doing so that the funds used by posts to adjudicate simpler cases can instead be used to screen high-risk applicants. Or at least that's my understanding. I don't think it necessarily corresponds to the increase in DS5535. 

 

-----

 

I did some digging into the DS-5535 and found the following:

 

Sec. 3.  Review of Information-Sharing Relationships and a Plan to Strengthen Partnerships.  Within 120 days of the date of this proclamation, the Secretary of State and the Secretary of Homeland Security, in consultation with the Director of National Intelligence, shall provide to the President a report consisting of the following elements [...] A description of the current screening and vetting procedures for those seeking immigrant and nonimmigrant entry to the United States.  This should include information about any procedures put in place as a result of any of the Executive Order and Proclamations revoked in section 1 of this proclamation and should also include an evaluation of the usefulness of form DS-5535.

 

That was from a presidential proclamation from January 20, 2021, and 120 days after that is May 20, 2021. Then give a few months for the report to be reviewed and actioned upon, and that could line up with the increase in DS-5535s being issued. 

 

I also found:

 

Consular posts worldwide regularly engage with U.S. law enforcement and partners in the U.S. intelligence community to identify characteristics of applicant populations warranting increased scrutiny.

 

I don't know if it was in this thread or the other one but someone suggested that maybe there was a risk from Canada, which again lines up with this. Not sure where I'm going with this, just some more bits of information I guess! 

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

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10 hours ago, DS5535 said:

Did I read this correct? Is your VisaJourney over? Did you get accepted? @From_CAN_2_US

Sorry for confusion. I was not issued DS5535 or put in AP. I have been following this thread for last few months in anticipation of being issued DS5535, as I thought I was a likely candidate as a brown woman who grew up in the middle East and lived in several countries. I somehow dodged the bullet though and got approved on the spot on the day of my interview last week, and received my passport yesterday.

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Filed: IR-1/CR-1 Visa Country: Canada
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mom got the DS 5535. interview october 4. sent response back oct 7. still no change. in the same interview my step dad was approved. both canadian citizens

USCIS

January 8th 2014 - NOA1

July 10th 2014 - NOA2

NVC

July 17th 2014 - Case shipped to NVC

July 30th 2014 - Case received by NVC

August 13th 2014 - Case number and IIN received by email

August 13th 2014 - DS-261 Form Completed

August 14th 2014 - AOS Fees Invoiced and Paid

September 17th 2014 - IV Fees Invoiced and Paid

September 19th 2014 - DS260 Completed

October 6th 2014 - AOS and IV Packages Received

November 28th 2014 - AOS and IV Checklist (4 items in total. 3 for documents they lost. Called on December 9 and a rep said no checklist for IV....go figure)

December 8th 2014 - Checklist scan date.

December 30th 2014 - Case Compl........NOT. So after not having an interview date yet, I called again on Jan 30th and apparently its in final review with a supervisor.

February 6th 2015 - Case Complete: Supervisor called from NVC to confirm everything has been completed now.

March 27 2015 - Interview Date

March 27 2015 - Approved!

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1 hour ago, BatmanFlow said:

mom got the DS 5535. interview october 4. sent response back oct 7. still no change. in the same interview my step dad was approved. both canadian citizens

Not even an update? 

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