The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)

[Irish89 44]

On 11/21/2023 at 11:06 AM, ice-qube said:

Yeah, I was afraid of that, because there was a rush to do that at the time based on my observations on VJ, and so basically I was forced into doing it. If you go back in the record and read what I was saying, you will see I was very very hesitant to do it, but I felt there was no choice because this absurd situation had emerged. 

 

I haven't been caught up reading all this stuff. So is the govt actually taking a lot of the WOM cases to court now?

Yes, the DOS attorneys are issuing Motions to Dismiss more regularly. So far evidence suggests that they are issuing them more regularly if you filed a WOM within 6 months post interview. That being said it could be suggested that they will continue to issue them even if you file a WOM after 6 months post interview. Also seems that it can be pot luck whether you receive a Motion to Dismiss or not which makes the whole process that much more frustrating. Some peoples WOM's that are filed 90 days post interview are working and getting their Greencard over the line. But definitely MTD are becoming more of a trend. We will know more over the next few months where this trend goes but it definitely feels like the timeline for getting out of DS-5535 is being extended. 1/1.5 years even with a WOM might be ambitious at this point sadly.

[northface 30]

11 minutes ago, Irish89 said:

Yes, the DOS attorneys are issuing Motions to Dismiss more regularly. So far evidence suggests that they are issuing them more regularly if you filed a WOM within 6 months post interview. That being said it could be suggested that they will continue to issue them even if you file a WOM after 6 months post interview. Also seems that it can be pot luck whether you receive a Motion to Dismiss or not which makes the whole process that much more frustrating. Some peoples WOM's that are filed 90 days post interview are working and getting their Greencard over the line. But definitely MTD are becoming more of a trend. We will know more over the next few months where this trend goes but it definitely feels like the timeline for getting out of DS-5535 is being extended. 1/1.5 years even with a WOM might be ambitious at this point sadly.

 

Does it mean those immigration visa applications  in DS-5535 / AP pool actually be soft rejected by DOS with such loooong time delay? 

[Leo The Great 137]

On 11/8/2023 at 8:44 PM, tas005 said:

Thanks a lot Leo, sign of relief, I just checked my email subject was

 

MTL**** LN,FN - Visa Application

@tas005

Any update on your visa?

[Ds553513 16]

Hi 

total silence .any update @APRIL2023 @ak47 @Fayisa @Dana.L

thank you 

 

[ak47 32]

34 minutes ago, Gha said:

Hi 

total silence .any update @APRIL2023 @ak47 @Fayisa @Dana.L

thank you 

 

I do not have any update from the embassy except for templates replies. The last email was 11 days back.

 

Complete 8 months recently in DS5535 queue.

[Irish89 44]

21 hours ago, northface said:

 

Does it mean those immigration visa applications  in DS-5535 / AP pool actually be soft rejected by DOS with such loooong time delay? 

Not sure I understand your question fully. I assume that by soft rejected you mean Motion to Dismiss? I think by and large the length of time since you've submitted DS-5535 is the deciding factor in whether you are issued a MTD. That being said, on a case by case basis the DOS attorney that ends up being assigned to your WOM case is a Human, meaning that one DOS attorney might see the length of time you've waited in DS-5535 and choose to push the DOS and consulate to make a final decision while another DOS attorney might fight it with MTD. There's essentially no rule book, seems to me that a large amount of the time they act intuitively when dealing with these WOM's.

[northface 30]

7 hours ago, Irish89 said:

Not sure I understand your question fully. I assume that by soft rejected you mean Motion to Dismiss? I think by and large the length of time since you've submitted DS-5535 is the deciding factor in whether you are issued a MTD. That being said, on a case by case basis the DOS attorney that ends up being assigned to your WOM case is a Human, meaning that one DOS attorney might see the length of time you've waited in DS-5535 and choose to push the DOS and consulate to make a final decision while another DOS attorney might fight it with MTD. There's essentially no rule book, seems to me that a large amount of the time they act intuitively when dealing with these WOM's.

 

Thanks @Irish89 good input, " soft" rejection I mean they  put off making decision till you give up, due to time and money. DOS attorney argued that Congress doesn't specify the length of DS-5535 / AP process time.

[APRIL2023 59]

On 11/23/2023 at 9:03 AM, Gha said:

Hi 

total silence .any update @APRIL2023 @ak47 @Fayisa @Dana.L

thank you 

 

No recent updates since Oct 6. Didn’t get a response either with my email inquires. I seek legal counsel from Goldstein back in august regard filing a ROM, but have decided against it at the time. The firm did acknowledge the increasing incidents of MTD and they are changing their approach to avoid it.  They also would push back if encounter a MTD, but weren’t specific about additional fees.  They only say: “Depending on what we need to do next, you might be required to pay a filing fee. That being said, more cases are delayed and immigration is extremely backlogged and the processing times are constantly changing. Immigration is requesting more time to work on processing cases. Therefore we needed to change our approach to avoid our cases getting dismissed and have changed our waiting period for filing. We now wait longer before filing.”

 

I debated on submitting an online feedback regarding ds5535 but didn’t end up doing so. USCIS is probably the ones of the top immigration entity, if not best, in the world. The DS5535 is strategically woven into this part of work flow for a reason. There’s a lack of tracking metrics and transparency to AP wait time for a reason. How much would public input really influence their processes? I guess it wouldn’t hurt to try. 
 

After being in this process for close to 8 months now, I am beyond jaded. With everything happening around the world, I can only imagine that resources are diverted to address immigration issues for American trying to repatriate back to the states, or even fast tracking petition status for those in life and death situation. Doesn’t help with the frequent threats to government shut down and the upcoming election. 
 

This forum is a nice place to vent, at least someone is hearing you out. Thank you for listening guys. 
 

 

[Fayisa 21]

On 11/23/2023 at 12:03 PM, Gha said:

Hi 

total silence .any update @APRIL2023 @ak47 @Fayisa @Dana.L

thank you 

 

Hello Gha, nothing yet, it is really quiet in here. 

[Canucklehead 102]

Does anyone actually know what they are required to do on their end once we send them our DS5535?

 

I.E. when we send then our 15 year travel/work,etc. history,are they having to contact every single country and place we went to/worked at/lived in?

[haruharu 10]

11 minutes ago, Canucklehead said:

Does anyone actually know what they are required to do on their end once we send them our DS5535?

 

I.E. when we send then our 15 year travel/work,etc. history,are they having to contact every single country and place we went to/worked at/lived in?

I believe multiple agencies such as Homeland Security, the Department of State, and the FBI conduct background checks. Unfortunately, the timelines for processing our information are unclear, leaving us uncertain about how long these checks will take.

[northface 30]

49 minutes ago, Canucklehead said:

Does anyone actually know what they are required to do on their end once we send them our DS5535?

 

I.E. when we send then our 15 year travel/work,etc. history,are they having to contact every single country and place we went to/worked at/lived in?

https://www.regulations.gov/document/DOS-2023-0028-0001

 

You might look the above link on the ds5535 process or  page 168 of this thread. And find some clues. 

 

BTW

DOS wants more budget from Congress to do DS5535, asked for public comments, actually they got near 800 feedbacks. 

 

 

 

[Leo The Great 137]

3 hours ago, Canucklehead said:

Does anyone actually know what they are required to do on their end once we send them our DS5535?

 

I.E. when we send then our 15 year travel/work,etc. history,are they having to contact every single country and place we went to/worked at/lived in?

You may look at the following link

https://en.wikipedia.org/wiki/Security_Advisory_Opinion

Edited November 26, 2023 by Leo The Great

[TBoneTX 45,022]

More than half a dozen posts discussing the L-2 visa have been removed.  This thread is to discuss Montreal only.  There are other places on this site to discuss the L-2, et al.  Anyone who breathes another word about L-2 in this thread should be reported so that harsh administrative action can be applied.

 

VJ Moderation

[Chamin27 1]

Anyone have success with contacting your senator? Does it do anything?