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

[AP_since_May2023 37]

3 hours ago, MRJ9987 said:

Thanks, downloading telegram now!

 

 

 

Question in general - what is everyone's experience to travelling to US while in AP?  

 

No issue entering on B1/B2.

 

No problem traveling to the US on work visas as well. I have heard of individuals enter on TN, L-1, H1-B, O-1 while on AP.

[MRJ9987 31]

3 hours ago, APRIL2023 said:

My understanding is that each visa application is separate and that being refused under 221g in one shouldn't impact the decision for the other. You can give it a try and see if your employer is willing to fork out the $$ for it. Does your company have a legal entity that can advise on this as well? Worth giving it a try. 

Thanks for the insight. This is something I need to discuss with my company, see what they are willing to do. 

[MRJ9987 31]

3 hours ago, APRIL2023 said:

Just make sure you have a return date and flight handy when they ask you. A trick - can always purchase ticket same day and many companies (i.e. AC) offer 24h free cancelation. Ultimately, they want to make sure that you wouldn't enter the country and then stay through AOS. 

I would be driving to the us. I am used to carrying evidence to prove I will return if need be. 

[Superluminal 146]

9 hours ago, APRIL2023 said:

How many of us have filed their application via attorney? I'd always wonder if have legal representation would prevent DS5535. For those who were represented, what strategies did the lawyers use to expedite the process, if any?

 

Yes, I think DS5535 is random, but I am also convinced that being from the "special" countries listed will increase the chance of you being selected for it. The CO's expression literally changed when he asked my country of origin and my age when I immigrated to Canada (<10yo). I'll be curious to know data on 221g/DS5535 in relation to country of changeability. 

We hired a firm in Toronto to take care of our application. They were actually pretty incompetent and made several mistakes throughout the process. They probably added 9 to 12 months to the overall process and then we get hit with AP / DS-5535. 

[Blue473 4]

Just wondering if the following response from the consulate, which is an email thread where my husband sent a strongly worded request on a timeline for where in the que my case is, means they're doing more than just confirming my medical results. 

 

As a background, I interviewed on December 18th 2023 and the medical results got there the day after on December 19th(from TELUS in Montreal). The CO kept my passport. They've been responding with the usual "your case is pending review from a CO", but this one was a bit different. I've only gotten a 221g showing that my medical results were missing.

 

 

Thank you for your inquiry.

 

While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the Department of State are aware of your concerns and will contact you as soon as the processing is complete.

  

We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the immigrant visa program is to facilitate legitimate travel to the U.S.  Nonetheless, the Consulate in Montreal, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive consular review and administrative processing. 

 

Thank you for your patience and cooperation

[AP_since_May2023 37]

3 minutes ago, Blue473 said:

Just wondering if the following response from the consulate, which is an email thread where my husband sent a strongly worded request on a timeline for where in the que my case is, means they're doing more than just confirming my medical results. 

 

As a background, I interviewed on December 18th 2023 and the medical results got there the day after on December 19th(from TELUS in Montreal). The CO kept my passport. They've been responding with the usual "your case is pending review from a CO", but this one was a bit different. I've only gotten a 221g showing that my medical results were missing.

 

 

Thank you for your inquiry.

 

While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the Department of State are aware of your concerns and will contact you as soon as the processing is complete.

  

We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the immigrant visa program is to facilitate legitimate travel to the U.S.  Nonetheless, the Consulate in Montreal, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive consular review and administrative processing. 

 

Thank you for your patience and cooperation

 

Did they ask for CV or DS-5535? I too had an issue with my medical report being delayed, and my 221g included only my medical.

 

But subsequently I received an email telling me that my case was placed in AP, and to send them my CV.

[Daft_Cat 136]

10 hours ago, APRIL2023 said:

How many of us have filed their application via attorney? I'd always wonder if have legal representation would prevent DS5535. For those who were represented, what strategies did the lawyers use to expedite the process, if any?

 

Yes, I think DS5535 is random, but I am also convinced that being from the "special" countries listed will increase the chance of you being selected for it. The CO's expression literally changed when he asked my country of origin and my age when I immigrated to Canada (<10yo). I'll be curious to know data on 221g/DS5535 in relation to country of changeability. 

I filed through an attorney, still got the DS5535. 
 

I’m about as “ancestrally Canadian” as you can get without being full on indigenous. My family has been here for at least a century if not longer. Before that it’s all English and Scottish.

 

My wife was born in Russia but immigrated to the states when she was less than a year old (around the end of the Cold War). She isn’t a citizen of the Russia that exists today (nor has she ever visited) and both her parents have been US citizens for decades. I guess that could have triggered something, but it feels like a stretch.

[AP_since_May2023 37]

7 minutes ago, Daft_Cat said:

I filed through an attorney, still got the DS5535. 
 

I’m about as “ancestrally Canadian” as you can get without being full on indigenous. My family has been here for at least a century if not longer. Before that it’s all English and Scottish.

 

My wife was born in Russia but immigrated to the states when she was less than a year old (around the end of the Cold War). She isn’t a citizen of the Russia that exists today (nor has she ever visited) and both her parents have been US citizens for decades. I guess that could have triggered something, but it feels like a stretch.

 

Seems like the dual citizenship theory is gaining support.

[LYV 63]

10 hours ago, APRIL2023 said:

How many of us have filed their application via attorney? I'd always wonder if have legal representation would prevent DS5535. For those who were represented, what strategies did the lawyers use to expedite the process, if any?

 

Yes, I think DS5535 is random, but I am also convinced that being from the "special" countries listed will increase the chance of you being selected for it. The CO's expression literally changed when he asked my country of origin and my age when I immigrated to Canada (<10yo). I'll be curious to know data on 221g/DS5535 in relation to country of changeability. 

We could add country of birth to the tracking sheet but some might not be comfortable with that. It would give more information though. 

[Superluminal 146]

26 minutes ago, LYV said:

We could add country of birth to the tracking sheet but some might not be comfortable with that. It would give more information though. 

I would vote against this. Perhaps I'm biased being from a pretty vanilla British / Irish ancestry background, but I feel like it is a bit of a red herring. It seems there is no way to know for sure the reason any individual ended up in AP at the Montreal Consulate. It seems relatively well known that travel history, education, name commonality, previous citizenship seems to be linked to an increased chance of AP, but the fact anybody can get AP (including apparently 6 month old baby), there is always the chance that you got unlucky. I think we even struggle to differentiate DS-5535 vs missing documents vs resume requests in our tracker, which I am pretty sure are all different categories of 221(g).

[cala2023 70]

1 hour ago, Blue473 said:

Just wondering if the following response from the consulate, which is an email thread where my husband sent a strongly worded request on a timeline for where in the que my case is, means they're doing more than just confirming my medical results. 

 

As a background, I interviewed on December 18th 2023 and the medical results got there the day after on December 19th(from TELUS in Montreal). The CO kept my passport. They've been responding with the usual "your case is pending review from a CO", but this one was a bit different. I've only gotten a 221g showing that my medical results were missing.

 

 

Thank you for your inquiry.

 

While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the Department of State are aware of your concerns and will contact you as soon as the processing is complete.

  

We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the immigrant visa program is to facilitate legitimate travel to the U.S.  Nonetheless, the Consulate in Montreal, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive consular review and administrative processing. 

 

Thank you for your patience and cooperation

This is the same copy and paste reply the consulate always sends as a reply to any inquiry.

[Blue473 4]

1 hour ago, SGtoMurica said:

 

Did they ask for CV or DS-5535? I too had an issue with my medical report being delayed, and my 221g included only my medical.

 

But subsequently I received an email telling me that my case was placed in AP, and to send them my CV.

Nope, no request for my CV and no mention of being in AP. I guess I just assumed it would have been resolved by now, since it's been over 6 weeks since they got my medical results and they kept my passport.

Edited January 30 by Blue473

[Blue473 4]

27 minutes ago, cala2023 said:

This is the same copy and paste reply the consulate always sends as a reply to any inquiry.

Oh, I see. So, it's either one of a few options you get as a reply. That's super annoying! 

[Ontarkie 14,320]

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Edited January 30 by Ontarkie

[saied 19]

I am probably going to get a lot of hate for this but the reason is pretty clear why we are all on AP. Everyone knows that this is an election year and there are certain forces behind the US government who are pulling some stuff to make changes. This is why you are seeing so many issues with the border(this has been happening for years so why focus on it now?).

I guess in a year we will all comeback to this  forum and realize maybe we were lucky to get AP. I hope not but time will tell for sure.