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

[Daft_Cat 136]

1 hour ago, Toddhugh said:

Hi,

 

new to the thread, montreal AP for F2B visa.

 

interview was May 28/ 2023

submitted DS 5535 June 12th

 

Nothing but automatic responses. Wondering if anyone has any insights as too how long these visas are taking to clear AP? 
 

was advised by PIC law that 95% of cases are getting dismissed in Montreal and to not file a writ unless it’s been at least a year but preferably 2 years. 
 

any insight would be appreciated. 

 

My interview was Feb and haven't received a request for my passport yet, so a year or longer feels about right (but anyone's guess is as good as mine).

The prevailing theory seems to be that it's an operational issue. Covid created an applicant backlog, which they tried to band-aid by opening Pandora's box and leveraging the DS-5535 outside of its original scope (thus removing timeline constraints for issuing visas). That may have worked in the short-term, but it's resulted in a perpetually growing backlog without addressing the underlying resourcing bottleneck. Now you almost have two distinct workstreams: processing new applicants, and clearing those sent to AP. I think there was a request for additional funding last fall, so clearly there's some momentum to fix the issue. 

As for the writ, we filed 7-8 months after our interview - it wasn't dismissed outright, but we seem to be stuck in a cycle of extension requests and I have a feeling a motion to dismiss may be imminent. 

[Toddhugh 0]

@Daft_Cat @LYV

 

Thanks again for the responses. Do either of you know about the significance of the “case created” time displayed on the ceac visa status. I submitted my DS 5535 June 12th but in Ceac it says case created September 20th. Which I find confusing, I’m hoping that’s not the start time for which they are saying they received my DS 5535 back. 

[Daft_Cat 136]

4 minutes ago, Toddhugh said:

@Daft_Cat @LYV

 

Thanks again for the responses. Do either of you know about the significance of the “case created” time displayed on the ceac visa status. I submitted my DS 5535 June 12th but in Ceac it says case created September 20th. Which I find confusing, I’m hoping that’s not the start time for which they are saying they received my DS 5535 back. 

I have no idea, but I wouldn't over-think it. I would assume your interview date and the date you submitted your responses are the key determining factor. 

I also wouldn't get hung up on the number of individuals on the list that the other poster mentioned. This forum is a small sub-section of the folks moving through the Montreal consulate, and Montreal is notoriously inefficient compared to other consulates. The reason the writs are being thrown out now is because there are so many of them. My charitable read would be that the consulate staff is probably pretty eager to fix this issue.

Edited January 15 by Daft_Cat

[Leo The Great 141]

20 hours ago, Phil_K_IR1 said:

Hi all!

 

My spouse had her IR1 interview at Montreal on Nov 9, 2023. 
 

She is in the TAL list and was given a 221g refusal. Later that day, we were told to submit a CV/resume.

 

This was all submitted and confirmed receipt on Nov 28, 2023. 
 

We were NOT given a 5535. It's now been 6 weeks since receipt of documents (or their last communication). Every email we've sent we got automated replies/unhelpful responses. The last update was Dec 18, 2023, where it was just an email reply.

 

Does anyone know when we could expect approval or further information? Her medical expires in April 2024, based on receipt of it in October 2023. We were given back the passport, as a "courtesy" since the holidays were approaching, according to the officer. 
 

(She is a Canadian citizen, born in China, working in medical sciences.) 

 

Thank you for any timeline input 🥲

Another VJ member @tas005 were given 221g in November 2023. MTL asked him to submit Resume only without DS-5535. Consulate kept his passport. We did not hear any update from him.

Edited January 16 by Leo The Great

[Phil_K_IR1 83]

2 minutes ago, Leo The Great said:

Another VJ member @tas005 were given 221g in November 2023. MTL asked him to submit Resume only without DS-5535. Consulate kept his passport. I did not hear any update from him.

thanks for the heads up... hopefully @tas005 is still around to give insight into the processing on their end.. 😕 

[CondorMantis 2]

3 minutes ago, Leo The Great said:

Another VJ member @tas005 were given 221g in November 2023. MTL asked him to submit Resume only without DS-5535. Consulate kept his passport. I did not hear any update from him.

This sounds like a Mantis Security Advisory Opinion, which typically gets cleared way faster than DS-5535 related vetting. 

[Phil_K_IR1 83]

6 minutes ago, CondorMantis said:

This sounds like a Mantis Security Advisory Opinion, which typically gets cleared way faster than DS-5535 related vetting. 

Do you know roughly how long it takes them to get through it then? Would it average to "within 60 days" like the consulate says on their site? 
 

EDIT: Reading it can be processed in 20 business days, or within 6 to 8 weeks, so maybe that will be the case... can only pray. 

Edited January 16 by Phil_K_IR1

[Leo The Great 141]

1 minute ago, CondorMantis said:

This sounds like a Mantis Security Advisory Opinion, which typically gets cleared way faster than DS-5535 related vetting. 

True. I guess consulate still send the resume to DC for vetting as CO may not be expert in all TAL subjects

 

[CondorMantis 2]

Just now, Phil_K_IR1 said:

Do you know roughly how long it takes them to get through it then? Would it average to "within 60 days" like the consulate says on their site? 

My Chinese colleague told me that almost all chinese H1B applicants need to go through admin processing. It typically takes 4 to 6 weeks to be processed in China. Who knows if it is Mantis or something else though. 

[Phil_K_IR1 83]

11 minutes ago, CondorMantis said:

My Chinese colleague told me that almost all chinese H1B applicants need to go through admin processing. It typically takes 4 to 6 weeks to be processed in China. Who knows if it is Mantis or something else though. 

Blah. We've crossed the 6 weeks mark last week, and so we're dangerously approaching the 8 week point. I guess we'll keep our fingers crossed and hoping for the best.. Not sure if IR1 is any different from H1B, but it is what it is.

Edited January 16 by Phil_K_IR1

[ShawnK 82]

What's super frustrating (good for them though, wouldn't wish this in anyone ) is you see other embassies starting to clear these 5535s efficiently.

 

I've recently seen posts from folks in Beruit and Ankara cleaning in 3-8 weeks. Even Islamabad.

 

I understand these  security clearances go to some other unknown agencies for processing, it just seems odd that for Canadians -who come from a country  which instantly  shares all police/security issues with the US... - would face such severe delays ? 

 

Saw a post from someone who was worried their spouse would be stuck in DS5535 because they lived in Turkey , close to Syria, but cleared in a few weeks? 

 

Yet Canadians, who mostly live in the thin habitable strip near the US border, are being heavily delayed?

 

I just really question what is going on?  Are our files just sitting there until someone picks them up, does a few clicks, "yeah he/she is good". 

 

If anyone had any sort of background security concerns, they would never be allowed to enter the US.

 

 

[APRIL2023 59]

1 hour ago, ShawnK said:

What's super frustrating (good for them though, wouldn't wish this in anyone ) is you see other embassies starting to clear these 5535s efficiently.

 

I've recently seen posts from folks in Beruit and Ankara cleaning in 3-8 weeks. Even Islamabad.

 

I understand these  security clearances go to some other unknown agencies for processing, it just seems odd that for Canadians -who come from a country  which instantly  shares all police/security issues with the US... - would face such severe delays ? 

 

Saw a post from someone who was worried their spouse would be stuck in DS5535 because they lived in Turkey , close to Syria, but cleared in a few weeks? 

 

Yet Canadians, who mostly live in the thin habitable strip near the US border, are being heavily delayed?

 

I just really question what is going on?  Are our files just sitting there until someone picks them up, does a few clicks, "yeah he/she is good". 

 

If anyone had any sort of background security concerns, they would never be allowed to enter the US.

 

 

Ya I agree 100%.

 

When I was given 221g, I was told that a ds5535 will be sent to me but that never happened. I waited 3 weeks and took matters into my own hands and send in the anticipated information myself. I was only able to confirm receipt after multiple follow-up emails. 
 

I guess for anyone new here waiting for AP clearance, start looking for alternative route. WIT doesn’t sound like an effective solution anymore compared to a year ago. If you are given 221g with ds5535 requirement, you are in for a long long ride. I hope that I’m wrong but expect wait time to be at least 8+ months. 

[Phil_K_IR1 83]

7 minutes ago, APRIL2023 said:

Ya I agree 100%.

 

When I was given 221g, I was told that a ds5535 will be sent to me but that never happened. I waited 3 weeks and took matters into my own hands and send in the anticipated information myself. I was only able to confirm receipt after multiple follow-up emails. 
 

I guess for anyone new here waiting for AP clearance, start looking for alternative route. WIT doesn’t sound like an effective solution anymore compared to a year ago. If you are given 221g with ds5535 requirement, you are in for a long long ride. I hope that I’m wrong but expect wait time to be at least 8+ months. 

Or be like us and asked for a CV and still waiting lol

 

I wonder if it even matters anymore what you're asked to give.. they just take forever for no reason

[Daft_Cat 136]

1 hour ago, ShawnK said:

What's super frustrating (good for them though, wouldn't wish this in anyone ) is you see other embassies starting to clear these 5535s efficiently.

 

I've recently seen posts from folks in Beruit and Ankara cleaning in 3-8 weeks. Even Islamabad.

 

I understand these  security clearances go to some other unknown agencies for processing, it just seems odd that for Canadians -who come from a country  which instantly  shares all police/security issues with the US... - would face such severe delays ? 

 

Saw a post from someone who was worried their spouse would be stuck in DS5535 because they lived in Turkey , close to Syria, but cleared in a few weeks? 

 

Yet Canadians, who mostly live in the thin habitable strip near the US border, are being heavily delayed?

 

I just really question what is going on?  Are our files just sitting there until someone picks them up, does a few clicks, "yeah he/she is good". 

 

If anyone had any sort of background security concerns, they would never be allowed to enter the US.

 

 

It's frustrating, but the reason for this is very likely the intent behind the DS-5535. In the countries you mentioned, the DS-5535 is probably being applied in a way that's consistent with its original intention - as a security check against individuals with certain flags in their profiles (whether you agree or disagree with the necessity of this additional layer of scrutiny likely comes down to your political views). 

In Canada, it's being used as a bottleneck to ease capacity constraints. The purpose is not to perform legitimate background checks triggered by specific criteria, but rather to punt a certain number of applicants down the road by removing processing timelines. At least this is the prevailing theory.

Edited January 16 by Daft_Cat

[dmitrych 15]

Is anyone here considering WoM but haven't started the process yet?

I talked to Goldstein today, apparently they're giving 10% discount to both me and the referred person if I refer someone to attend the initial free consultation. And apparently the discount doesn't disappear if one of us ends up not filing.

 

The bad news is that Goldstein has increased their fee to $6299 starting from January 1, so the discount just brings it back to a bit above what it used to be last year. I'll look at other lawyers too.