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

[APRIL2023 59]

54 minutes ago, Abriel said:

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

I’ve tried my local congresswoman in California. No help, as they got the same generic response that I would get. Did not get a response from the Senator. 

[haruharu 10]

10 minutes ago, APRIL2023 said:

I’ve tried my local congresswoman in California. No help, as they got the same generic response that I would get. Did not get a response from the Senator. 

Same with us. Nowadays, they don’t even reply to us but do reply to the congressman/woman. Yet with the generic response we used to get previously. 

[Fayisa 21]

3 hours ago, Abriel said:

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

We tried to contact them, we filled all their forms and they said they will reach to the Consulate for us. 2 weeks has passed we haven't heard from them.

[cala2023 70]

4 hours ago, Abriel said:

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

My senator also sent a request but was met with the same generic response. The consulate email they received also said that no government representative may expedite or appear to influence a case in any way, so no, it appears there is nothing they can do.

Edited November 28, 2023 by cala2023

[Canucklehead 102]

The most recent time I crossed into the USA, the border control officer mentioned that I could just stay in the USA and adjust my status (he supposedly did this with his wife, who was born outside the USA). Of course, I would prefer to go through the way I have set out to do already as it means I can continue to work here in Canada while I am present in the country - but does anyone have any experience with that process? It seems (according to the BCO) that the process is currently only taking a few months to get status adjusted.

 

Pros seem to be that the process might be faster. Cons being you cannot leave the country and would be unable to work/potentially causes even further delays since you are essentially abandoning this process.

[northface 30]

19 hours ago, Canucklehead said:

The most recent time I crossed into the USA, the border control officer mentioned that I could just stay in the USA and adjust my status (he supposedly did this with his wife, who was born outside the USA). Of course, I would prefer to go through the way I have set out to do already as it means I can continue to work here in Canada while I am present in the country - but does anyone have any experience with that process? It seems (according to the BCO) that the process is currently only taking a few months to get status adjusted.

 

Pros seem to be that the process might be faster. Cons being you cannot leave the country and would be unable to work/potentially causes even further delays since you are essentially abandoning this process.

 

What's the status the BCO gave you when entered US ?

BCO usually stamped  " Admitted until N/C" on Canadian passport. If no status, it seems not practical ?

[Canucklehead 102]

50 minutes ago, northface said:

 

What's the status the BCO gave you when entered US ?

BCO usually stamped  " Admitted until N/C" on Canadian passport. If no status, it seems not practical ?

To be honest I didn't even get a stamp the last time I entered US, but I'm assuming it would be B2 as the few other times I've gotten a stamp it's said that. Just frustrating to hear that I maybe could have just showed up in the USA 2 years ago, filed a change of status and have already been working and living with my spouse there over the past year.

 

Instead, I (and many people here) have chosen to go the CR-1 or IR-1 route because we wanted to be honest and forthright with our intentions, and yet we are shuffled off to the side and delayed upon delayed by the bureaucratic processes - even when we have proven we would be valuable citizens to the USA (no criminal record, valuable skills). We are separated from our family cruelly and unjustly, and absolutely nothing is being done about it. If anything, the delays are now getting longer.

 

Makes you wonder if it wouldn't be better to just show up and say "hey I want a new status" and avoid all of this bureaucratic BS. 

[Ontarkie 14,218]

42 minutes ago, Canucklehead said:

To be honest I didn't even get a stamp the last time I entered US, but I'm assuming it would be B2 as the few other times I've gotten a stamp it's said that. Just frustrating to hear that I maybe could have just showed up in the USA 2 years ago, filed a change of status and have already been working and living with my spouse there over the past year.

 

Instead, I (and many people here) have chosen to go the CR-1 or IR-1 route because we wanted to be honest and forthright with our intentions, and yet we are shuffled off to the side and delayed upon delayed by the bureaucratic processes - even when we have proven we would be valuable citizens to the USA (no criminal record, valuable skills). We are separated from our family cruelly and unjustly, and absolutely nothing is being done about it. If anything, the delays are now getting longer.

 

Makes you wonder if it wouldn't be better to just show up and say "hey I want a new status" and avoid all of this bureaucratic BS. 

Depending on when the border guard did this (years ago pre 90's it was actually perfectly legal to do this), or other circumstances. Today entering with the intent to AOS is fraud and this can lead to a lifetime ban.  Please do not do this. 

Also just a note for others, it would not be the first time border guards gave the wrong advice out. They have turned away many members telling them they cannot travel once their paperwork reaches NVC. We all know that is not correct but it happens. 

[Shades8 36]

Hi everyone. I just did a bit of a read through of this thread to understand what DS-5535 is and now I’m really worried this is going to happen to me. My interview is scheduled for Jan 22 for a CR1 (spouse) and I have 2 red flags that might cause an issue:

1. I used to have an L1A visa, which now is clearly expired and I have a copy of it showing the expiration date 

2. I have to renew  passport before the interview, it expires in March so it wouldn’t be valid for 6 months at the time of the interview.  I plan to bring the old one with me but I wonder if they will make me completely redo my DS 260 because of the new passport. 
 

Sounds like it doesn’t take much for Montreal to hand out a DS5535 so now I’m really worried I’ll get one.  

[Canucklehead 102]

13 hours ago, Ontarkie said:

Depending on when the border guard did this (years ago pre 90's it was actually perfectly legal to do this), or other circumstances. Today entering with the intent to AOS is fraud and this can lead to a lifetime ban.  Please do not do this. 

Also just a note for others, it would not be the first time border guards gave the wrong advice out. They have turned away many members telling them they cannot travel once their paperwork reaches NVC. We all know that is not correct but it happens. 

Glad you said this,because I was also under the assumption that this would constitute fraud. Hence,why my spouse and I went through the CR-1/IR-1 process. Take heed fellow readers and keep following the rules (and unfortunately waiting a massively line time).

[mam521 2,060]

On 11/28/2023 at 5:41 PM, Shades8 said:

Hi everyone. I just did a bit of a read through of this thread to understand what DS-5535 is and now I’m really worried this is going to happen to me. My interview is scheduled for Jan 22 for a CR1 (spouse) and I have 2 red flags that might cause an issue:

1. I used to have an L1A visa, which now is clearly expired and I have a copy of it showing the expiration date 

2. I have to renew  passport before the interview, it expires in March so it wouldn’t be valid for 6 months at the time of the interview.  I plan to bring the old one with me but I wonder if they will make me completely redo my DS 260 because of the new passport. 
 

Sounds like it doesn’t take much for Montreal to hand out a DS5535 so now I’m really worried I’ll get one.  

These aren't red flags.  People have worked on L1 visas before and people have to renew passports all of the time.  

 

Initially, it seemed the DS-5535's were targeted for people who were of a MENA background or had worked there or had a specific education type.  Then, it seemed to turn unto a random number generator.  Elderly parents who'd lived their entire lives on the farm on the Prairies, young children, just...random. 

 

Remember, too, that this thread is people who have come together to share their experiences.  It's a concentrated number of people for a specific reason.  There are plenty of other people who whisk through the process with no issues at all but they aren't here.  

 

Immi is hard.  It's an emotional rollercoaster. But you gotta make sure that you don't get pulled into the hype and try to logic yourself through so you don't set yourself up for failure.  

[haruharu 10]

Does anyone know the longest it took someone to clear from AP? 

[Superluminal 146]

1 hour ago, haruharu said:

Does anyone know the longest it took someone to clear from AP? 

That person is probably still waiting. Probably not healthy to think of it that way. The beauty of our tracker is to see the status of everyone else. For example, there has been basically no change for a few months. Eventually they will get to us and start clearing out a backlog of AP folks.

[Ds553513 16]

Hi @haruharu I am waiting since October 2022 but they sent me Ds 5535 in March  2023 one more person I remember p3p is waiting since March 2022 

thank you 

Edited December 1, 2023 by Gha

[haruharu 10]

3 minutes ago, Gha said:

Hi @haruharu I am waiting since October 2022 but they sent me Ds 5535 in March  2023 one more person I remember p3p is waiting since March 2022 

thank you 

Okay, thank you! I hope you, p3p, and everyone else here basically gets cleared fast! I was curious to see how lengthy it can be and just be prepared in advance