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

[CondorMantis 2]

6 minutes ago, Daft_Cat said:

 

Yeah, pretty much. They requested an extension last month and that will expire around early Jan. Our attorney is actually pretty optimistic (we filed in PA, which seems to have spared us an immediate motion for dismissal), but my wife and I are expecting the worst.

I hope your WOM retainer agreement with your lawyer includes fighting the motion to dismiss if it happens, there has been several court orders denying motions to dismiss, including one in Pennsylvania
https://redeaglelaw.com/blog-1/f/tsunami-of-judges-deny-state-department’s-motions-to-dismiss

[Daft_Cat 136]

9 minutes ago, CondorMantis said:

I hope your WOM retainer agreement with your lawyer includes fighting the motion to dismiss if it happens, there has been several court orders denying motions to dismiss, including one in Pennsylvania
https://redeaglelaw.com/blog-1/f/tsunami-of-judges-deny-state-department’s-motions-to-dismiss

It does not, but our attorney was very transparent about the increasing odds of a motion to dismiss and the additional costs therein (he tailored his strategy around this - hence the filing in PA over DC). My wife and I decided it was our best shot regardless. In the likely event that we do receive a motion to dismiss, the additional retainer to fight it is not nearly as expensive. Having said that, we're already a year in... so we may opt instead to just let it go in the hopes that our case ends up at the top of the pile sooner than later. Though the link you provided does offer up a good reason to consider pushing forward should it come to that!

The attorney did note that the judge assigned to our case is historically friendly to the cause, and he has a good working relationship with the state attorney as well. Fingers crossed, but fully expecting the worst (which has been a good rule of thumb throughout this entire process).

Edited December 7, 2023 by Daft_Cat
additional context

[CondorMantis 2]

9 minutes ago, Daft_Cat said:

It does not, but our attorney was very transparent about the increasing odds of a motion to dismiss and the additional costs therein (he tailored his strategy around this - hence the filing in PA over DC). My wife and I decided it was our best shot regardless. In the likely event that we do receive a motion to dismiss, the additional retainer to fight it is not nearly as expensive. Having said that, we're already a year in... so we may opt instead to just let it go in the hopes that our case ends up at the top of the pile sooner than later. Though the link you provided does offer up a good reason to consider pushing forward should it come to that!

The attorney did note that the judge assigned to our case is historically friendly to the cause, and he has a good working relationship with the state attorney as well. Fingers crossed, but fully expecting the worst (which has been a good rule of thumb throughout this entire process).

I hope your case will start moving before the deadline.
Would you mind sharing the name of the lawyer you worked with? I contacted a few and I want to go with Curtis Morrison for now, he charges an additional $1000 to fight the motion to dismiss. 

[Daft_Cat 136]

1 hour ago, CondorMantis said:

I hope your case will start moving before the deadline.
Would you mind sharing the name of the lawyer you worked with? I contacted a few and I want to go with Curtis Morrison for now, he charges an additional $1000 to fight the motion to dismiss. 

 

We went with PIC Law. I believe they were recommended in this thread earlier (I've been a lurker for a while). Highly recommended, regardless of how this all turns out. My wife and I weren't sure whether to file, and had a couple different consults with them over a few months (we were only charged for the initial one). They were super transparent up front, and have been very communicative and engaged throughout. They also did a great job tailoring their strategy to the specifics of our case (though with the frequency of WOMs these days, I'm sure many firms out there have figured out all the angles). I don't remember the exact quote to fight the motion to dismiss, but it was definitely higher than $1000 (though not ridiculously higher - maybe around $2k). 

Edited December 7, 2023 by Chancy
removed 3rd-party link -- indicated client relationship

[ak47 31]

1 hour ago, Daft_Cat said:

 

We went with PIC Law . I believe they were recommended in this thread earlier (I've been a lurker for a while). Highly recommended, regardless of how this all turns out. My wife and I weren't sure whether to file, and had a couple different consults with them over a few months (we were only charged for the initial one). They were super transparent up front, and have been very communicative and engaged throughout. They also did a great job tailoring their strategy to the specifics of our case (though with the frequency of WOMs these days, I'm sure many firms out there have figured out all the angles). I don't remember the exact quote to fight the motion to dismiss, but it was definitely higher than $1000 (though not ridiculously higher - maybe around $2k). 

When did you file WOM ? Was it after the intial 6 month wait.

Edited December 7, 2023 by Chancy
removed 3rd-party link from quoted text

[ak47 31]

1 minute ago, ak47 said:

When did you file WOM ? Was it after the intial 6 month wait.

Just found the answer in the earlier reply..In september..so you did wait 6 months..

[Daft_Cat 136]

3 minutes ago, ak47 said:

When did you file WOM ? Was it after the intial 6 month wait.

 

I filed it in September, so I was 7 months in. State Attorney filed a request for an extension at the nine-month point. I'm at the 10 month point now. Interview was in Feb. 

Edited December 7, 2023 by Daft_Cat

[Daft_Cat 136]

On 11/28/2023 at 6:41 PM, Shades8 said:

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

I'll preface this by saying that your chances of not getting a DS-5535 are higher - especially now (it seems like fewer people in our boat have been showing up in this thread). I don't see why the issues you brought up would make a DS-5535 more likely, given that the majority of candidates seem to get them randomly. 

Remember that a lot of this (apparently) has to do with capacity issues at the consulate, as well as the backlog that formed during the pandemic - both of which may be improving. For those of us in Canada, the Nexus travel program encountered similar processing delays (generating lots of negative press) but has improved a lot over the past year or so. Having said that, it seems like everyone (including immigration attorneys) are really just guessing based on trends and hearsay - the whole thing is a bit of a black box and no one knows for sure. 

 

My advice to anyone in your shoes would simply be to not get ahead of yourself with planning for the future. My wife and I had waited a long time for an interview date, and our case was about as clear cut as they come. There were no obvious reasons to expect any hiccups or red flags and we had even begun planning the specifics of our move given the timelines around entering the US upon receipt of the Visa (I was coffee chatting with contacts at target firms in the US, my wife was checking out neighborhoods, etc.). We'd also been holding off on starting a family for a couple years knowing that a huge transition was imminent. It may sound like first-world problems, but the result is that all of our plans were upended with no certainty around timelines. I ended up wishing I had just known in advance that there was a decent chance this might happen so that I could have planned for it.

 

The system is not functioning as it should right now, and you can't take any of the usual Visa timelines as gospel. Chances are you'll be fine (and I wish you the best of luck), but stay weary and avoid cementing any life-plans until you've got your visa in hand. 

Edited December 7, 2023 by Daft_Cat

[Superluminal 142]

2 hours ago, Daft_Cat said:

I'll preface this by saying that your chances of not getting a DS-5535 are higher - especially now (it seems like fewer people in our boat have been showing up in this thread). I don't see why the issues you brought up would make a DS-5535 more likely, given that the majority of candidates seem to get them randomly. 

Remember that a lot of this (apparently) has to do with capacity issues at the consulate, as well as the backlog that formed during the pandemic - both of which may be improving. For those of us in Canada, the Nexus travel program encountered similar processing delays (generating lots of negative press) but has improved a lot over the past year or so. Having said that, it seems like everyone (including immigration attorneys) are really just guessing based on trends and hearsay - the whole thing is a bit of a black box and no one knows for sure. 

 

My advice to anyone in your shoes would simply be to not get ahead of yourself with planning for the future. My wife and I had waited a long time for an interview date, and our case was about as clear cut as they come. There were no obvious reasons to expect any hiccups or red flags and we had even begun planning the specifics of our move given the timelines around entering the US upon receipt of the Visa (I was coffee chatting with contacts at target firms in the US, my wife was checking out neighborhoods, etc.). We'd also been holding off on starting a family for a couple years knowing that a huge transition was imminent. It may sound like first-world problems, but the result is that all of our plans were upended with no certainty around timelines. I ended up wishing I had just known in advance that there was a decent chance this might happen so that I could have planned for it.

 

The system is not functioning as it should right now, and you can't take any of the usual Visa timelines as gospel. Chances are you'll be fine (and I wish you the best of luck), but stay weary and avoid cementing any life-plans until you've got your visa in hand. 

I feel for you bud. My wife and I are in the same boat as far as waiting to start our family. My interview was the end of April so I'm hoping things unjam soon for the folks earlier in the year. Anyone moving through now is good news for everyone. 

 

I also went with PIC. We didn't end up fighting the MtD since it felt futile. We waited 3 months because thats what seemed like the wisdom at the time was.

[Superluminal 142]

On 12/7/2023 at 12:32 PM, CondorMantis said:

I hope your WOM retainer agreement with your lawyer includes fighting the motion to dismiss if it happens, there has been several court orders denying motions to dismiss, including one in Pennsylvania
https://redeaglelaw.com/blog-1/f/tsunami-of-judges-deny-state-department’s-motions-to-dismiss

I think this article is a little misleading. They are claiming there is a growing visa backlog but it actually has been decreasing over the last couple of years. The green datapoint is the one mentioned in the article. I pulled this data off of https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-backlog.html. Since the peak in Jun 2021, the backlog is falling by about 75k per year. These are worldwide stats though.

 

Does anyone know how to determine the number of people stuck in AP?

 

[northface 30]

14 hours ago, Superluminal said:

I think this article is a little misleading. They are claiming there is a growing visa backlog but it actually has been decreasing over the last couple of years. The green datapoint is the one mentioned in the article. I pulled this data off of https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-backlog.html. Since the peak in Jun 2021, the backlog is falling by about 75k per year. These are worldwide stats though.

 

Does anyone know how to determine the number of people stuck in AP?

 

 

how to determine the number of people stuck in AP?

 

I checked DOS  Immigrant Visa Statistics Report 2023 from below link. found 45,000 roughly visa issued  world wide  monthly. Also related to DOS requested budget for DS5535 in September ,their proposal to check 50,000 cases yearly , so odds is 1/12, 8% of people will be checking, under assuming DS5535 equalvent to AP,  40000-50000 in AP per year. Since a DS5535 check needs ~1 hour , as their proposal said, might be the  longest checking.

Other checks FBI ,CBP , USCIS much quicker, might you can check yourself online. I think Visa officer check these on the interview scene. So I prone to believe DS5535/ AP should not take that loooong time.

     Another interesting finding from the visa statistics report is,the neighbor Mexico consulate issued  ~4000 IV visa issued every month, 10 times more than Canadian, even 10% people in AP already a heavy load to DOS. I don't know why Mexican are so lucky !!!😋

 

As to Montreal consulate, per DOS statistics, ±5000 IV issued yearly, i.e ~400 monthly . Thus per 8% odds, , 30 -40 persons be thrown in DS5535 / AP every month. 🥺

 

Ref:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html;

 

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

[Timbits 2]

My wife interviewed today at MTL and got served 221g and DS-5535. 221g was for her unexpired US tourist visa on her expired and now surrendered old citizenship (she's a Canadian now). We are so frustrated and disheartened. We have worked so hard for so long and even bought a house together in the US thinking we would be living together soon which now would just be an empty nest every time I come home from work... I am just so incredibly disappointed at this outcome. 

[Leo The Great 133]

1 hour ago, Timbits said:

My wife interviewed today at MTL and got served 221g and DS-5535. 221g was for her unexpired US tourist visa on her expired and now surrendered old citizenship (she's a Canadian now). We are so frustrated and disheartened. We have worked so hard for so long and even bought a house together in the US thinking we would be living together soon which now would just be an empty nest every time I come home from work... I am just so incredibly disappointed at this outcome. 

if you want to enter your information for tracking and for the benefits of other, spreadsheet is maintained for MTL:

 

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0

[Timbits 2]

When submitting the DS5535, it asked for the barcode number under DS260. Is it the confirmation number or the case number?

[Leo The Great 133]

3 hours ago, Timbits said:

When submitting the DS5535, it asked for the barcode number under DS260. Is it the confirmation number or the case number?

Confirmation# - Starting with AA....

Edited December 14, 2023 by Leo The Great