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

[throwitaway 190]

56 minutes ago, PZibran325 said:

Our interview was on June 8, we received DS 5535 on June 9th, and replied by June 10th. They kept my husband's passport too, and four months later we are still waiting. Hopefully that gives you an idea. We have not asked for his passport back but we are seriously contemplating on going for a WOM if we don't hear anything by November. 

So interesting, we have the same dates! Good luck to you 

[PZibran325 112]

21 minutes ago, throwitaway said:

So interesting, we have the same dates! Good luck to you 

good luck to you too my friend. praying for all of us to be united with our loved ones. 

 

 

Edited October 26, 2022 by PZibran325

[throwitaway 190]

6 minutes ago, PZibran325 said:

good luck to you too my friend. praying for all of us to be united with our loved ones. 

 

 

I’ve been issued thankfully, but had to file WoM.

[throwitaway 190]

1 hour ago, PZibran325 said:

Our interview was on June 8, we received DS 5535 on June 9th, and replied by June 10th. They kept my husband's passport too, and four months later we are still waiting. Hopefully that gives you an idea. We have not asked for his passport back but we are seriously contemplating on going for a WOM if we don't hear anything by November. 

Keep in mind that December are holidays for all the agencies involved. Probably best to wait for January.

[mike_b2020 14]

Apologies to everyone, I’m new here and waiting for my interview at Montreal, trying to understand the process

 

can someone explain to me on the 221g and DS5535 and why it was issued? My understanding is the interview resulted in a refusal and additional docs and checks are required 

 

hoping to not run into this after my interview, sounds like it adds a lot more delays

[BatmanFlow 481]

57 minutes ago, michael_n1988 said:

Apologies to everyone, I’m new here and waiting for my interview at Montreal, trying to understand the process

 

can someone explain to me on the 221g and DS5535 and why it was issued? My understanding is the interview resulted in a refusal and additional docs and checks are required 

 

hoping to not run into this after my interview, sounds like it adds a lot more delays

there's really no clear answer as to why this is issued. my mom got it for no reason. they passed my step dad in that same interview.

ive also read that they approve people during the interview and then later once they sent emails saying that need to submit DS 5535. seems like there's no rhyme or reasoning to this.

 

[throwitaway 190]

4 hours ago, michael_n1988 said:

Apologies to everyone, I’m new here and waiting for my interview at Montreal, trying to understand the process

 

can someone explain to me on the 221g and DS5535 and why it was issued? My understanding is the interview resulted in a refusal and additional docs and checks are required 

 

hoping to not run into this after my interview, sounds like it adds a lot more delays

221g is a blanket term for “temporary” refusal, either because something is missing, more security checks need to be done, or the consulate needs to review the application more closely for whatever reason.

 

If you are issued a 221g, and it’s for background checks, you will be given the DS-5535 form for “extreme vetting.” It asks for personal information from the last 15 years. Multiple agencies receive this information and must return a opinion on you before Montreal can reconsider your application. This can take a really long time. 

 

In most other embassies, this form is rarely requested, at least relatively speaking. Montreal appears to use this form more frequently, or rather, disproportionately given the typical  demographic that interviews at Montreal, and that the US already has access to Canadian information databases in a very unique way.

 

Sometimes, 221g can be overcome quickly if they are just waiting on a missing document, like a correct police certificate, or an incomplete medical. However, if you are unlucky to receive 5535 as part of it, it’s likely you will be waiting for months, and sometimes years before your application is adjudicated again. Very rarely 5535 is resolved in less than a month or two. Some speculate that missing documents can increase your chances of receiving 5535. I went with all my documents plus more,  but I got it anyway.
 

Nobody knows why Montreal is doing this, and there’s no way to avoid it or get ahead of it. If you are given the form and are stuck waiting, the only thing that may help it move along is a lawsuit, which can be costly - even then it sometimes does not work. 

 

Hope this helps

[mike_b2020 14]

5 minutes ago, throwitaway said:

221g is a blanket term for “temporary” refusal, either because something is missing, more security checks need to be done, or the consulate needs to review the application more closely for whatever reason.

 

If you are issued a 221g, and it’s for background checks, you will be given the DS-5535 form for “extreme vetting.” It asks for personal information from the last 15 years. Multiple agencies receive this information and must return a opinion on you before Montreal can reconsider your application. This can take a really long time. 

 

In most other embassies, this form is rarely requested, at least relatively speaking. Montreal appears to use this form more frequently, or rather, disproportionately given the typical  demographic that interviews at Montreal, and that the US already has access to Canadian information databases in a very unique way.

 

Sometimes, 221g can be overcome quickly if they are just waiting on a missing document, like a correct police certificate, or an incomplete medical. However, if you are unlucky to receive 5535 as part of it, it’s likely you will be waiting for months, and sometimes years before your application is adjudicated again. Very rarely 5535 is resolved in less than a month or two. Some speculate that missing documents can increase your chances of receiving 5535. I went with all my documents plus more,  but I got it anyway.
 

Nobody knows why Montreal is doing this, and there’s no way to avoid it or get ahead of it. If you are given the form and are stuck waiting, the only thing that may help it move along is a lawsuit, which can be costly - even then it sometimes does not work. 

 

Hope this helps

Thanks for explaining 

 

Yes from what I’m reading it’s not something you can particularly avoid. I can only go to my interview with all my docs, hope and pray I don’t get the 5535. 

[mam521 2,111]

12 hours ago, michael_n1988 said:

Thanks for explaining 

 

Yes from what I’m reading it’s not something you can particularly avoid. I can only go to my interview with all my docs, hope and pray I don’t get the 5535. 

Absolutely correct.  It's an unfortunate and unfair worry put on people who are stuck dealing with a challenging consulate to begin with. 

[PZibran325 112]

20 hours ago, throwitaway said:

Keep in mind that December are holidays for all the agencies involved. Probably best to wait for January.

I appreciate that advice. I am aware but I’ll still be starting the process in December. Just because we've already waited enough considering that our case was an expedite to begin with. 

[PZibran325 112]

20 hours ago, throwitaway said:

I’ve been issued thankfully, but had to file WoM.

 I’m sorry you had to go through the WoM but still glad you were issued 

 

when did you file your WoM

Edited October 27, 2022 by PZibran325

[throwitaway 190]

1 hour ago, PZibran325 said:

 I’m sorry you had to go through the WoM but still glad you were issued 

 

when did you file your WoM

I had to file two WoM, it’s a long story and the first lawyer was a real piece of work.

 

Second lawyer was amazing and I was issued within in a week from filing. Filed September 14, issued by the 21st. I filed an emergency injuction as well because of the first lawyer’s handiwork. Take it from me, choose your lawyer very carefully. 

Edited October 27, 2022 by throwitaway

[mike_b2020 14]

Question on filling out the DS5535

 

How accurate do they expect your answers to be? I know it says please answer at the best of your knowledge. It’s really difficult to remember vacations I had 15 years ago without any emails or paper trail, the best I can do is the month and location for anything 10 years or older 

 

Also for passports you held that’s not in your visa application, do you have to list your old/expired passports that you no longer have? I obviously don’t have those anymore and Canada doesn’t have any service to retrieve them 

[throwitaway 190]

1 hour ago, michael_n1988 said:

Question on filling out the DS5535

 

How accurate do they expect your answers to be? I know it says please answer at the best of your knowledge. It’s really difficult to remember vacations I had 15 years ago without any emails or paper trail, the best I can do is the month and location for anything 10 years or older 

 

Also for passports you held that’s not in your visa application, do you have to list your old/expired passports that you no longer have? I obviously don’t have those anymore and Canada doesn’t have any service to retrieve them 

The 5535 states:   “If you are unsure of the answer to a question, please provide a response to the best of your knowledge. For example, if you are unsure of an exact address, provide the city, state, and street name if you can recall them. U.S. Department of State will consider all the information derived from the form in its entirety. Failure to answer every question will not necessarily preclude visa issuance, as the application is considered in its entirety.” Aside from that they’re not very transparent about their expectations really. I’ve seen a handful of people being asked to re-do their 5535 because they didn’t include info already disclosed in their DS260, even though the form states NOT to duplicate.

 

Service Canada provided me a letter listing all my old passports with expiry and everything. It took them two months though. I’ve only seen one person that didn’t include their old passports, and they haven’t come back yet to update their status. 

 

Also, if you’re asking because you’re filling it out ahead of time, they won’t accept it at interview. They’ll want it as a reply to the email they later send. It’s a good idea though to get it all done beforehand, wish I had thought of that. 

Edited October 27, 2022 by throwitaway

[mike_b2020 14]

11 minutes ago, throwitaway said:

Also, if you’re asking because you’re filling it out ahead of time, they won’t accept it at interview. They’ll want it as a reply to the email they later send. It’s a good idea though to get it all done beforehand, wish I had thought of that. 

Exactly, just preparing for worst case scenario and avoid delays

 

thanks for the help