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

[Darkknight574 1]

6 minutes ago, mam521 said:

L1 employment sponsored (and in turn, the L2) are a dual intent visa. There's no reason you shouldn't be able to join her, irrespective of your pending immigration status. If you were attempting a TN, it would 100% be denied.  

 

I guess my question is what category were you put into AP for?  You don't have your timeline filled in, so I can't tell if it's spousal or employment based GC.  

@mam521 Thanks for your response. I'm under EB2-NIW. So do you still think L2 application would be fine? Tnx

[mam521 2,113]

3 hours ago, Darkknight574 said:

@mam521 Thanks for your response. I'm under EB2-NIW. So do you still think L2 application would be fine? Tnx

I'd give it a go.  What's the worst that can happen?  

[APRIL2023 59]

30 minutes ago, mam521 said:

I'd give it a go.  What's the worst that can happen?  

Curious though, wouldn’t it stay on your record if it’s a denied entry at the boarder? 

[APRIL2023 59]

4 hours ago, mam521 said:

If you were attempting a TN, it would 100% be denied.  

 

Why will a TN be 100% denied? 

[mam521 2,113]

27 minutes ago, APRIL2023 said:

Why will a TN be 100% denied? 

The poster has already demonstrated immigrant intent with the EB visa.  A TN is a non-immigrant visa type.  L visas, on the other hand, are dual intent, so the demonstration of immigrant intent isn't a negative mark against them.  

[Darkknight574 1]

31 minutes ago, APRIL2023 said:

Curious though, wouldn’t it stay on your record if it’s a denied entry at the boarder? 

Exactly! @mam521 the worst is a rejection in my file which I would like to avoid. Does it matter if your immigration application is family based or work? Do boarder officers see your file is in AP? Tnx 

[mam521 2,113]

3 minutes ago, Darkknight574 said:

Exactly! @mam521 the worst is a rejection in my file which I would like to avoid. Does it matter if your immigration application is family based or work? Do boarder officers see your file is in AP? Tnx 

You don't have to be denied entry.  You can voluntarily withdraw your application for admission.  Not a black mark, IF there was an issue.  People stuck in AP have asked for their passports back and continued to visit their spouses like they did prior to interview and issuance of the DS-5535 or 221G in spousal cases and others have travelled for work, attending conferences and business meetings.  That said, the Administrative Processing process applies to the visa case being adjudicated, so in this case, the EB visa eligibility is the case in question.  

 

Can CBP see if you're in AP?  Likely, but that's USCIS's jurisdiction and CBP are typically primarily focused on customs violations and enforcing very fundamental laws that protect national safety and security.  They aren't there to be the judge and jury on your case; that is USCIS and your consular officer's job.  They are there to check that the paperwork you do have and the visa you're entering on is correct and valid, that you're not trafficking illegal substances and moving large sums of money, etc.  

 

L2 isn't family based.  It's a dependent spouse and/or unmarried children under 21 of an L1 Intra-company transferee visa.  Canadians are also a bit different in that they turn up to security, head to preclearance and petition for their L visa.  The L1 petitioner had to meet the requirements of the intracompany transfer; that person could have equally been tossed into AP as well, technically.  The L2 dependents have to meet the requirements of being a legitimate dependent of the L1 petitioner.  Yes, they could potentially be tossed into AP as well.  Anyone can though, irrespective of age, gender, background...

 

If you're really curious, you could jump on Jim Hacking's weekly show and ask there.  

[APRIL2023 59]

3 hours ago, mam521 said:

The poster has already demonstrated immigrant intent with the EB visa.  A TN is a non-immigrant visa type.  L visas, on the other hand, are dual intent, so the demonstration of immigrant intent isn't a negative mark against them.  

I see. I was previously advised by legal counsel that TN could be a possibility, as long as you can make a case that the intention is to leave the country once your AP is resolved so you can be admitted to US through your applied visa type. Of course this is not 100% guaranteed and is still based on the discretion of the officer at the boarder.  

[Irish89 44]

On 11/14/2023 at 9:17 PM, throwitaway said:

Sadly, DS5535 delays in Montreal are not new, this has been ongoing since 2018.

100% agree and understand that. What we’d all like to try and find out is the particular reason behind the higher rate of Motions to dismiss for WOM’s. Which seems to be a more recent trend. 

[Inveigh 69]

On 11/14/2023 at 11:16 PM, Ahmad0606 said:

The stats from 2021 to 2022 were much better than this year. A lot of people were cleared in 90 days span.

Do we have a comparative sheet for 221(G) / 5535 comparing 2021, 2022, / 2023 approvals?

[SEP-27-DS_5535 33]

1 hour ago, Inveigh said:

Do we have a comparative sheet for 221(G) / 5535 comparing 2021, 2022, / 2023 approvals?

Here’s the link for the 2021/2022 sheet.
 https://docs.google.com/spreadsheets/u/0/d/1L8T4Yp7oWm0imRrEOEES_28QicBY1DsKKvMmEGMVPd4/htmlview?pli=1#gid=0

[northface 30]

11 hours ago, Irish89 said:

100% agree and understand that. What we’d all like to try and find out is the particular reason behind the higher rate of Motions to dismiss for WOM’s. Which seems to be a more recent trend. 

   

  I guess the office or DC process unit has no enough staff to clear tons of DS5535 form requests.   Observed the Embassy webpage for recruiting staff in October?. Also the DC head office posted a public comment request for Extension of DS5535 use , evaluate it necessary or not,, etc. The comment close date expiring soon. Interesting to take a look

 

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

 

 

 

[Superluminal 146]

1 hour ago, northface said:

   

  I guess the office or DC process unit has no enough staff to clear tons of DS5535 form requests.   Observed the Embassy webpage for recruiting staff in October?. Also the DC head office posted a public comment request for Extension of DS5535 use , evaluate it necessary or not,, etc. The comment close date expiring soon. Interesting to take a look

 

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

 

 

 

What kind of and quantity of positions were they filling? If they are resource constrained maybe they put AP clearances on hold since they aren't held to a particular timeline. This is especially true now with being able to shutdown all the WoM cases.

[Dana.L 12]

Hello everyone,

 

I know a few people on this thread were given a 221g and are waiting to hear back, but is there anyone here who has recently been issued their visa after 221g? 

 

If yes, what was your timeline from interview to admin processing to issued?  Also if you emailed the consulate during your waiting period, how often did you reach out to them and what did you say? 

 

Thanks ❤️

[SEP-27-DS_5535 33]

2 hours ago, Dana.L said:

Hello everyone,

 

I know a few people on this thread were given a 221g and are waiting to hear back, but is there anyone here who has recently been issued their visa after 221g? 

 

If yes, what was your timeline from interview to admin processing to issued?  Also if you emailed the consulate during your waiting period, how often did you reach out to them and what did you say? 

 

Thanks ❤️

Seems like someone has deleted the CR1/IR1 data from the Montreal Spreadsheet. The spreadsheet is only displaying data for K1 visa’s.🤔