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

[shara9c 0]

Hello Folks: 

I have a quick Question, Please advise.

I attended EB2 Interview at Montreal consulate with my wife and son in July 2023. Somehow consulate put my wife's case under administrative processing and issued visas to me and our Son. since July 2023 my wife's case is still under processing.

Recently my wife delivered another baby in Canada, What should be the way forward for the newborn while mother's visa is under administrative processing. (Keep in mind father & elder brother of the baby had Green Card status).

It's a tricky scenario but please advise the best way forward if anyone knows..?

Much Appreciated. 

[ak47 32]

2 hours ago, northface said:

For positive side, looks like they are aware of delays of DS -5535, asking more budget to clear those rather than dealing with WoMs, so after November 21,2023, if nobody against it ,the budget  be approved, the Ds-5535 process should be resume quickly.🤔

It may not happen in the next few months even if the budget is approved because the whole process of hiring after approval can take a long time.

 

Hope for the best.

[throwitaway 190]

6 hours ago, northface said:

For positive side, looks like they are aware of delays of DS -5535, asking more budget to clear those rather than dealing with WoMs, so after November 21,2023, if nobody against it ,the budget  be approved, the Ds-5535 process should be resume quickly.🤔

I mean, I’d love if they just got rid of it.

6 hours ago, Superluminal said:

We did

Sigh. That sucks. I’m sorry. 

[Inveigh 69]

On 11/16/2023 at 8:31 AM, Ahmad0606 said:

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

Am I tripping ? Or does that there are people in AP / DS 5535  waiting 700 days?! 

[Leo The Great 141]

16 minutes ago, Inveigh said:

Am I tripping ? Or does that there are people in AP / DS 5535  waiting 700 days?! 

This old sheet is not updated. Some people are already cleared from AP like ice-qube (via WOM after 13 months), BatmanFlow etc.

Edited November 18, 2023 by Leo The Great

[Irish89 44]

18 minutes ago, Inveigh said:

Am I tripping ? Or does that there are people in AP / DS 5535  waiting 700 days?! 

It sure does. Although not everyone has updated there status on this spreadsheet for sure. Rosinasaur and Ice-qube have both been approved and their timelines are on another spreadsheet on Page 142 of this topic. It would be nice if people updated their status for us on here.

[EternalWait 77]

Hey Everyone,

I wanted to bring your attention to the following 

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

The government posts its regulations for comments and feedbacks from the public and stakeholders. This time , they are asking about DS-5535, and the deadline to submit comments is Nov 21 , i.e. in three days!!

Go to the website above and click on comment as shown below. Try to express your opinion involving your unique experience and argue that this process has less pros than cons.

You can post your comment anonymously or share your first and last name , which would be of course better to make the comment look more from an actual person. Note you do not need to be living in the US to submit your comment.

To be clear, this is probably not gonna be effective in the end, but it's the least that people waiting behind AP can do.

Best of luck.

 

Edited November 19, 2023 by immishok

[northface 30]

13 hours ago, immishok said:

Hey Everyone,

I wanted to bring your attention to the following 

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

The government posts its regulations for comments and feedbacks from the public and stakeholders. This time , they are asking about DS-5535, and the deadline to submit comments is Nov 21 , i.e. in three days!!

Go to the website above and click on comment as shown below. Try to express your opinion involving your unique experience and argue that this process has less pros than cons.

You can post your comment anonymously or share your first and last name , which would be of course better to make the comment look more from an actual person. Note you do not need to be living in the US to submit your comment.

To be clear, this is probably not gonna be effective in the end, but it's the least that people waiting behind AP can do.

Best of luck.

 

     Totally agree 👍, the DS-5535 & AP gave us lots frustration, trip interruption, long waiting, extra cost etc. The intensive process should be left to USCIS,CBP,FBI due to the consulate limited resources.

      For instance, 15-year travel history check, there is a huge work to get data from different countries such India,  China ,MDEN etc, need to group a batch of cases to send out monthly or quarterly somehow. My guess that is not real time on call one by one at least 

    They should get rid of DS-5535 process, instead let the immigration visa applicants submit finger print to FBI or DOS to clear first as internal USCIS does. That should be not an issue since we have visa waiver to US or lived in US.

 

 

 

 

[EternalWait 77]

17 hours ago, immishok said:

Hey Everyone,

I wanted to bring your attention to the following 

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

The government posts its regulations for comments and feedbacks from the public and stakeholders. This time , they are asking about DS-5535, and the deadline to submit comments is Nov 21 , i.e. in three days!!

Go to the website above and click on comment as shown below. Try to express your opinion involving your unique experience and argue that this process has less pros than cons.

You can post your comment anonymously or share your first and last name , which would be of course better to make the comment look more from an actual person. Note you do not need to be living in the US to submit your comment.

To be clear, this is probably not gonna be effective in the end, but it's the least that people waiting behind AP can do.

Best of luck.

 

In case anyone has trouble accessing the website,  a VPN-based connection routing through a US-based server fixes this. This is a US government website, that's probably why there's such a restriction on foreign IPs.

[ice-qube 649]

ice-qube here, been a while since I have been back to check on this stuff since my ordeal that lasted so long. I am sorry to see so many people going through it, I hope you all get out of the nightmare ASAP.

[Leo The Great 141]

9 minutes ago, ice-qube said:

ice-qube here, been a while since I have been back to check on this stuff since my ordeal that lasted so long. I am sorry to see so many people going through it, I hope you all get out of the nightmare ASAP.

Looks like filing WOM was the only way for you to get out of AP after waiting more than a year. Options for filing WOM are limited now as a lot of WOMs are being dismissed after June.

[CondorMantis 2]

I just want to add that fighting the motion to dismiss is not pointless for AP mandamus, the judge might rule in your favor. I was informed by a litigation attorney that he had 3 orders denying government’s motion to dismiss for AP.

[ice-qube 649]

9 minutes ago, Leo The Great said:

Looks like filing WOM was the only way for you to get out of AP after waiting more than a year. Options for filing WOM are limited now as a lot of WOMs are being dismissed after June.

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?

[throwitaway 190]

8 hours ago, CondorMantis said:

I just want to add that fighting the motion to dismiss is not pointless for AP mandamus, the judge might rule in your favor. I was informed by a litigation attorney that he had 3 orders denying government’s motion to dismiss for AP.

Agreed, although this will involve a lot more $$$ 

[CondorMantis 2]

15 hours ago, throwitaway said:

Agreed, although this will involve a lot more $$$ 

Not necessarily, I had a consultation with Hacking and Goldstein and they both told me the flat fee includes fighting the Motion to Dismiss if it happens.