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

[Ds553513 16]

Hi @APRIL2023 even I don’t know why they issued my visa and then asked me to submit ds5535

 

[throwitaway 190]

10 hours ago, Gha said:

Hi @APRIL2023 my interview was in last October and put me in administrative processing and they did not issue me ds5535 . After 6 week they send me email there were 13 questions in the mail same like Ds 5535 . After 7 week of they issued my visa for 2 days they they again refused my visa and asked me Ds5535 and submitted everything in first week of March .it been 8 months and still refused

 

When you say Issued, you mean your CEAC status was “Issued” for two days and then they changed it back to “Refused”?

[Ds553513 16]

4 hours ago, throwitaway said:

When you say Issued, you mean your CEAC status was “Issued” for two days and then they changed it back to “Refused”?

Yes my visa status was issued for 2 days in first week of March and after 2 days it was again refused and send me email and asked me to submit ds5535 . It was almost same question whatever they sent me email in December 

 

[SalishSea 17,970]

21 hours ago, APRIL2023 said:

This is good to know! Thank you! Sounds like u have an honest lawyer! Would u mind sharing his name just in case I need it? 
 

i have a job offer too, but unfortunately it doesn’t qualify for TN. Going the H1B route but I was told that even with H1B, there’s a possibility that applicants can be flagged for AP!

Applicants for ANY US visa may be flagged for AP.   Getting an interim visa while in AP doesn’t eliminate or correct the reason for the extra vetting.

[throwitaway 190]

4 hours ago, Gha said:

Yes my visa status was issued for 2 days in first week of March and after 2 days it was again refused and send me email and asked me to submit ds5535 . It was almost same question whatever they sent me email in December 

 

Wow that’s a first

[Chancy 6,242]

38 minutes ago, throwitaway said:

Wow that’s a first

 

There's a VJ member whose beneficiary got the visa on hand, then the visa got revoked a week after, then got DS-5535.  Still on AP after a year.

 

[throwitaway 190]

5 minutes ago, Chancy said:

 

There's a VJ member whose beneficiary got the visa on hand, then the visa got revoked a week after, then got DS-5535.  Still on AP after a year.

 

Whoa!

[Ds553513 16]

@Chancy my question is the vj member who revoked the visa after 1 week .he or she got the decision from Montreal embassy or other country embassy and he still on Ap 

 

[APRIL2023 59]

6 hours ago, SalishSea said:

Applicants for ANY US visa may be flagged for AP.   Getting an interim visa while in AP doesn’t eliminate or correct the reason for the extra vetting.

Will the interim visa be automatically placed on AP as well? 

[SalishSea 17,970]

20 minutes ago, APRIL2023 said:

Will the interim visa be automatically placed on AP as well? 

That’s what I mean.   If you’re in AP and pursue another type of visa while in AP, it does not make the issue behind the AP go away.

[Canucklehead 102]

Anyone try emailing the consulate and mentioning you intend to file a WOM? Seems like such a shitty way to start a life in a country by basically having to file legal proceedings against them, but as others have mentioned it seems like the only way to actually get someone to do something. 

[Pearljamm 65]

 

9 hours ago, Canucklehead said:

Anyone try emailing the consulate and mentioning you intend to file a WOM? Seems like such a shitty way to start a life in a country by basically having to file legal proceedings against them, but as others have mentioned it seems like the only way to actually get someone to do something. 

I did, this was their response. We will be filing on July 05, 2023 when we reach 90 days. My lawyer is pretty conservative and prefer to wait 90 days instead of 60 days and I do agree with him. It's really sad that I have to spend this amount of money to force immigration to make a decision.... 

 

On 6/7/2023 at 11:14 AM, Pearljamm said:

I got a response back from Montreal Consulate after letting them know my intention to file writ of Mandamus 

 

"Good Morning, Thank you for this follow-up. Your case has been updated to note this.

 

We are constantly working to find mechanisms to improve our screening processes and to support legitimate travel and immigration to the United States while protecting U.S. citizens. The duration of administrative processing will vary based on the individual circumstances of each case. The Department of State is continuously working to refine our visa application, assessment, and security screening procedures. We continue to aim to reduce the time required for certain types of administrative processing. As soon as we are able to do so, the Visa Unit will advise you of the next steps to complete processing the case.

 

We hope that this information is helpful in replying to your inquiry. Please let us know if we can be of further assistance. Regards,"

 

At least it's different than the usual generic email 

 

On 6/7/2023 at 1:26 PM, Pearljamm said:

 

 

[PZibran325 112]

On 6/9/2023 at 8:36 PM, APRIL2023 said:

Will the interim visa be automatically placed on AP as well? 

most likely. Because it is the individual that is flagged to be placed in AP for extreme vetting not the type of visa. 

[PZibran325 112]

4 hours ago, Pearljamm said:

 

I did, this was their response. We will be filing on July 05, 2023 when we reach 90 days. My lawyer is pretty conservative and prefer to wait 90 days instead of 60 days and I do agree with him. It's really sad that I have to spend this amount of money to force immigration to make a decision.... 

 

 

 

We were told to wait at least 6 months tbh. In a way I am glad we did because about three days after we had our first consultation for the WOM, we started noticing the last updated date changing frequently on the CEAC. We then asked our lawyer to hold off because it seemed like we would clear AP without filing a WOM - which we did. And the lawyer refunded about 70% of the money we had paid them because the WOM was never filed or worked upon. Since then,  I've noticed a few others on here clear AP without filing a WOM. 

 

I've been suggesting over and over on here to hold off on filing a WOM until at least 6 months. It is hard to wait I know, believe me it was tough for us too because we met each other very late in life and are a slightly older couple- we have been eager to begin our lives. However, if waiting a few months ends up saving thousands of dollars it may be worth it depending on your circumstances (or it may not be, everyone has to weigh their opportunity costs and decide what is best for their circumstances). 

[throwitaway 190]

15 hours ago, Canucklehead said:

Anyone try emailing the consulate and mentioning you intend to file a WOM? Seems like such a shitty way to start a life in a country by basically having to file legal proceedings against them, but as others have mentioned it seems like the only way to actually get someone to do something. 

They don’t care. 

 

The only way they move is if a DOS attorney defending them in court (after a lawsuit has been filed) contacts them personally to see what can be done. 

 

In some stats half of all applicants at MTL go into extreme vetting, similar to places like Baghdad, which is absolutely insane. The US already has access to information about Canadians. 

Edited June 13, 2023 by throwitaway