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

[ShawnK 82]

28 minutes ago, Maussanais said:

Hi Everyone, 

 

I recently had my interview on December 15th, during which I received a section 221g notice requesting the submission of the online DS-5535 form AND my passport.

 

I completed the DS-5535 online right away and submitted it on December 17th. However, I didn't receive a confirmation after submission...

Instead, I landed on a thank-you webpage. Is this normal, or should I expect a confirmation by email?

 

Additionally, I wanted to inquire about the passport request during the interview. The officer returned my passport, he mentioned that I would need it for the holidays travel. I sent my passport last week , but I am now unable to travel. I'm curious about the duration they typically retain passports (if anyone experience that) and if there's any information on similar cases where officers listed passport as document to provide.

 

Thank you in advance for any insights or experiences you can share.

 

Best, 

 

 

I never got any sort of confirmation that they received it either, however you see case updates a few times once you send it in. I believe you are not supposed to send in your passport until they are finished processing the DS5535, even if they state it on the 221g, I know - confusing. Perhaps you will clear fast, perhaps it is more efficient now. If you need to travel you can always request your passport back, otherwise, they will send it to you with the visa after you are finished admin processing.

[Daft_Cat 136]

3 minutes ago, ShawnK said:

 

 

 

Sorry to hear that man...I would say that a motion to dismiss DOES NOT mean it is over. It's just a motion.  I was recently following a class action case from Red Eagle, they filed a group lawsuit for mostly Persian applicants (mostly Iranian Americans sponsoring their parents or spouses)  stuck in Armenia.

 

They too got a motion to dismiss, however, when you look at the arguments made by the DOS -they were quite pathetic, I am no lawyer but they looked pretty silly to me. They tried to argue that it's a final refusal and they don't need to do anything. The lawyer was able to respond and the judge agreed and denied their motion to dismiss (this was a few days ago , in California). The DOS Is now scrambling to adjudicate the cases.  The lawyer shared everything online, now people are getting case updates etc..they are working to clear them.

 

The lawyer also believes this whole DS5535 thing is a big sham, they delay and delay and then all of a sudden when they are forced to respond they start clearing cases. This is for applicants in Iran, I highly doubt Iranian authorities are going to share info with the vetting  people in the US. It's all nonsense, they quickly clear these people when forced to. This is just another travel ban without calling it a travel ban.

 

 

If you have a good lawyer, you've probably already spent 5K +, might as well fight. There is no expectation that they will clear any of these cases anytime soon.

 

 

 

 

 

 

 

 

 

I agree. My attorney actually brought this case up specifically as well as several of the points you mentioned. I'm likely going to continue on with it just to keep a foot in the door, legally speaking (anything beats the black void of dealing with the consulate directly). My attorney is of the position that the State Department will do just about anything to avoid the discovery process, so continuing to apply pressure is the right way forward.

[Phil_K_IR1 83]

Ranting...

 

officially 7 weeks in since submitting a CV at the request of the consulate following a 221g, and nothing.

 

UGH. 

[dmitrych 15]

2 hours ago, Daft_Cat said:

I agree. My attorney actually brought this case up specifically as well as several of the points you mentioned. I'm likely going to continue on with it just to keep a foot in the door, legally speaking (anything beats the black void of dealing with the consulate directly). My attorney is of the position that the State Department will do just about anything to avoid the discovery process, so continuing to apply pressure is the right way forward.

Who is your attorney? I had an impression that motion to dismiss is a fairly common part of the process, and attorneys who work with WoM often should be able to fight it.

[Daft_Cat 136]

32 minutes ago, dmitrych said:

Who is your attorney? I had an impression that motion to dismiss is a fairly common part of the process, and attorneys who work with WoM often should be able to fight it.

 

I went with PIC Law. They've been great, and they are more than willing (and eager) to fight it. It's just disappointing that it came to this after multiple extension requests. 

You're right that it's common - though it's become a lot more common in the past few months. A year ago (before WoMs caught on), those waiting more than 6 months or so we're typically cleared after an initial extension request. 

[MandyMila 1]

4 hours ago, Maussanais said:

Hi Everyone, 

 

I recently had my interview on December 15th, during which I received a section 221g notice requesting the submission of the online DS-5535 form AND my passport.

 

I completed the DS-5535 online right away and submitted it on December 17th. However, I didn't receive a confirmation after submission...

Instead, I landed on a thank-you webpage. Is this normal, or should I expect a confirmation by email?

 

Additionally, I wanted to inquire about the passport request during the interview. The officer returned my passport, he mentioned that I would need it for the holidays travel. I sent my passport last week , but I am now unable to travel. I'm curious about the duration they typically retain passports (if anyone experience that) and if there's any information on similar cases where officers listed passport as document to provide.

 

Thank you in advance for any insights or experiences you can share.

 

Best, 

Hello, 

 

we are in the same boat. they asked us to fill out some form online which did not gave us any conformation number or anything.

also we are not sure how they will be contacting us. 

when, and how did they reach out to you to mail your passport. 

 

i hope you get your passport back soon with a visa. 

good luck 

Thanks,

[ShawnK 82]

I hope all you new DS5535 folks clear quickly, us 2023 old timers have been waiting since Feb 2023 and still waiting 😕  for them to clear the DS5535. It seems to be taking Montreal 11-14 months to clear these, and we aren't even sure of that anymore. They seem to be getting worse.

 

There were some lucky few who cleared fast but that is rare.

 

Please see our tracker , you can add your info. 

 

 

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

 

 

28 minutes ago, MandyMila said:

Hello, 

 

we are in the same boat. they asked us to fill out some form online which did not gave us any conformation number or anything.

also we are not sure how they will be contacting us. 

when, and how did they reach out to you to mail your passport. 

 

i hope you get your passport back soon with a visa. 

good luck 

Thanks,

[Blue473 4]

5 hours ago, Phil_K_IR1 said:

Ranting...

 

officially 7 weeks in since submitting a CV at the request of the consulate following a 221g, and nothing.

 

UGH. 

Similarly, I received a 221g because of missing medical results (which arrived the day after the interview on December 19th) and CO kept my passport. She made it seem like it would be quickly approved once they got my results (and I didn't know any better).

 

The case was updated on the 19th and 21st of December. It was again updated when they responded to my email (2 weeks after it was sent) on January 11th. Here, they confirmed that they had received my medical results and that the case was in queue to being reviewed by a CO. 

 

I really wished I had come across this forum before - would have worked harder to get an earlier date for the medical exam. 

 

I'm really sorry to hear that folks have been waiting more than a year -- from a consulate that shares a border with the US! 

[ShawnK 82]

19 minutes ago, Blue473 said:

Similarly, I received a 221g because of missing medical results (which arrived the day after the interview on December 19th) and CO kept my passport. She made it seem like it would be quickly approved once they got my results (and I didn't know any better).

 

The case was updated on the 19th and 21st of December. It was again updated when they responded to my email (2 weeks after it was sent) on January 11th. Here, they confirmed that they had received my medical results and that the case was in queue to being reviewed by a CO. 

 

I really wished I had come across this forum before - would have worked harder to get an earlier date for the medical exam. 

 

I'm really sorry to hear that folks have been waiting more than a year -- from a consulate that shares a border with the US! 

You'll be fine, if you got the email that a CO is looking at it or will, I would say you are good in Feb or March.

 

This process has been mentally excruciating. 

 

It's a Friday night and I'm stuck here posting on this forum. Stuck in the frozen hole that is Edmonton,  in another horrid Alberta winter. I could be with friends and family enjoying nice warm weather in Hawaii. At least my kids are warm. Oh well, what can you do.

 

 

 

Edited January 20 by ShawnK

[APRIL2023 59]

Got an unsolicited status updated on Thursday. Hopefully that’s a good sign. It has been a rollercoaster of 10 months waiting. 
 

I emailed my ds5535 info in after not hearing from them for three weeks post interview. I followed up to confirm receipt and they responded yes and provided date when info was entered into their system. 
 

For peeps who asked about emailing congressman for help. I tried before, congress, senate and even White House. No help. Congresswoman was a waste of time, her representative made it sound like they can help to influence process but literally ghosted on us after 4 months. We were referred to reps in DoS by the White House and got a “personalized” letter response… but pretty much saying nothing can be done. 
 

For those who received extension request after filing WOM, how much extra do lawyers charge? I inquired Goldstein but they cannot give me a straight answer. 

 

[Blue473 4]

17 hours ago, ShawnK said:

You'll be fine, if you got the email that a CO is looking at it or will, I would say you are good in Feb or March.

 

This process has been mentally excruciating. 

 

It's a Friday night and I'm stuck here posting on this forum. Stuck in the frozen hole that is Edmonton,  in another horrid Alberta winter. I could be with friends and family enjoying nice warm weather in Hawaii. At least my kids are warm. Oh well, what can you do.

 

 

 

That sucks for sure -- really sorry to hear that. I was hoping that I'd be experiencing a much warmer winter this year, too. But, I know nothing compares to an Edmonton winter. Hoping things resolve soon for you and your family.

[ShawnK 82]

1 hour ago, APRIL2023 said:

Got an unsolicited status updated on Thursday. Hopefully that’s a good sign. It has been a rollercoaster of 10 months waiting. 
 

I emailed my ds5535 info in after not hearing from them for three weeks post interview. I followed up to confirm receipt and they responded yes and provided date when info was entered into their system. 
 

For peeps who asked about emailing congressman for help. I tried before, congress, senate and even White House. No help. Congresswoman was a waste of time, her representative made it sound like they can help to influence process but literally ghosted on us after 4 months. We were referred to reps in DoS by the White House and got a “personalized” letter response… but pretty much saying nothing can be done. 
 

For those who received extension request after filing WOM, how much extra do lawyers charge? I inquired Goldstein but they cannot give me a straight answer. 

 

It's usually about $1-2K, not for an extension request, no charge for that. The extra is to respond to a motion to dismiss. I think Goldstein includes it in their full price, same with Hacking. Goldstein is also quite proactive and aggressive with responding.

 

I would say we do need to plan for this because there is no way to know if/when Montreal will do anything. Feb interviewers still haven't received any medical requests. This is a frightening blackhole they can keep you in forever.

 

They even argue this in court (judge thankfully rejected it in a recent case), basically saying it's a final decision and we don't have to adjudicate your case, you've been refused.

 

 

Edited January 20 by ShawnK

[Superluminal 146]

3 hours ago, APRIL2023 said:

Got an unsolicited status updated on Thursday. Hopefully that’s a good sign. It has been a rollercoaster of 10 months waiting. 
 

I emailed my ds5535 info in after not hearing from them for three weeks post interview. I followed up to confirm receipt and they responded yes and provided date when info was entered into their system. 
 

For peeps who asked about emailing congressman for help. I tried before, congress, senate and even White House. No help. Congresswoman was a waste of time, her representative made it sound like they can help to influence process but literally ghosted on us after 4 months. We were referred to reps in DoS by the White House and got a “personalized” letter response… but pretty much saying nothing can be done. 
 

For those who received extension request after filing WOM, how much extra do lawyers charge? I inquired Goldstein but they cannot give me a straight answer. 

 

Just for clarification, when you say unsolicited update, are you referring to the case last updated date on CEAC?

[Denokarter 0]

If they take your passport, does that automatically mean you’re approved? They told me I’m tentatively approved because the system is slow and he can’t give the 100% at the moment but they took my passport and said it will be mailed back with the visa…

[Ds553513 16]

Hi

@ak47 I am just asking do you receive case update after June .I know you received mail response 

Thank you