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

[BatmanFlow 481]

10 minutes ago, deep2ca said:

Thank you.

 

They requested an updated medical and updated passport pictures from me back in July, but I could not get an appointment with the medical examiner till late August. I sent them my documents first week of September and it took them a couple months to review my updated documents but by then my criminal record check had expired, so they requested a new criminal record check. I could foresee this being an issue so I had a new criminal record check performed  in advance and had it ready to go. Soon as they requested a new criminal record check I sent it in which was a couple weeks ago. And now im issued !!!

wow they really took their time reviewing your documents (not shocking) but glad its all over for you!

 

its been 4 weeks since my moms documents were delivered, really hoping for a miracle so she can join us here before christmas

Edited December 8, 2022 by BatmanFlow

[PZibran325 112]

46 minutes ago, deep2ca said:

Just thought I would give you guys an update and share the good news.

 

As of Dec 6th the CEAC portal is showing issued!!! I have not received an email yet but the in the portal it says my visa is in final processing and should be mailed to me within the next 10 days! 😀

 

What a journey, been waiting since 2019. I am so thankful it is coming to an end and I can move on from this chapter and start my married life with my partner. 

 

To everyone else waiting, stay positive, i know its a struggle, and its not fair, but it will happen for you too! 

 

Hi Deep2ca,

 

just out of curiosity when were you placed in AP? was that in 2019?

[Tikitch 21]

16 hours ago, ice-qube said:

Just look how I have already filed a WOM but there is still no movement either way... lol. I mean, this is so absurd already. I have nothing but scorn for this process already. It's disgraceful. It's equivalent to torture by bureaucracy, in a sense. 

wow, torture by bureaucracy is exactly what it feels! 

[Tikitch 21]

Quick update for you guys. So after my lawyer emailed the consulate asking about my passport, I first got an email saying that if I ask for my passport back, my visa will be on hold. Which made obviously no sense. One week later, I receive another email from the consulate saying that my passport was returned and I'll get more info from the courier service. Now in retrospect, I cant tell if the first email was automatic or someone misunderstood my case. Anyways got the email from the consulate before yesterday, and received an email today saying my passport is ready for pick up. 

They also updated my case to yesterday. I wonder if theyre working on my case or just updated it with the passport return. 

 

Has anyone went to the US after getting a DS5535? I haven't been to the US since I started my papers and I have some work trade shows I need to attend, I was wondering  if it's a decision determined by customs or it's a definite no. 

[LAMA9 118]

5 minutes ago, Tikitch said:

Quick update for you guys. So after my lawyer emailed the consulate asking about my passport, I first got an email saying that if I ask for my passport back, my visa will be on hold. Which made obviously no sense. One week later, I receive another email from the consulate saying that my passport was returned and I'll get more info from the courier service. Now in retrospect, I cant tell if the first email was automatic or someone misunderstood my case. Anyways got the email from the consulate before yesterday, and received an email today saying my passport is ready for pick up. 

They also updated my case to yesterday. I wonder if theyre working on my case or just updated it with the passport return. 

 

Has anyone went to the US after getting a DS5535? I haven't been to the US since I started my papers and I have some work trade shows I need to attend, I was wondering  if it's a decision determined by customs or it's a definite no. 

Probably the greatest irony of this entire process is that you are free to visit the US during the extreme vetting process of the DS-5535.  You are such a security threat to the US, that they still welcome you with open arms as a tourist!  You just have to be upfront that you are in AP.  I don't believe any of us here that did travel while in DS5535 had any issues at all... 

[TheMaverick 50]

37 minutes ago, LAMA9 said:

Probably the greatest irony of this entire process is that you are free to visit the US during the extreme vetting process of the DS-5535.  You are such a security threat to the US, that they still welcome you with open arms as a tourist!  You just have to be upfront that you are in AP.  I don't believe any of us here that did travel while in DS5535 had any issues at all... 

On the same lines I have a question, I asked this question before but did not receive a response. I currently have a TN visa(which does not have dual intent like a H1) and now if I am placed in AP, Can I still travel to the US to work(not as a tourist). Because once I have attended that first interview I have shown intent to migrate. For someone on TN who is going through CP, one of the response to give to CBP is that since we have an interview scheduled we would leave US and head to Canada thereby proving that our current stay in US is temporary. But once that interview is over what reasoning can we give to prove that the current entry will be temporary. I guess once AP is compete they just ask for passports(they do not call for second round of interview)

[PZibran325 112]

3 hours ago, TheMaverick said:

On the same lines I have a question, I asked this question before but did not receive a response. I currently have a TN visa(which does not have dual intent like a H1) and now if I am placed in AP, Can I still travel to the US to work(not as a tourist). Because once I have attended that first interview I have shown intent to migrate. For someone on TN who is going through CP, one of the response to give to CBP is that since we have an interview scheduled we would leave US and head to Canada thereby proving that our current stay in US is temporary. But once that interview is over what reasoning can we give to prove that the current entry will be temporary. I guess once AP is compete they just ask for passports(they do not call for second round of interview)

They do not usually call for a second interview that I have heard of. One of the reasons you may not have received an answer is because yours is a very specialized case. Hopefully someone else facing similar circumstances can answer, but otherwise you might not get an answer unless you consult an attorney. 

 

Also you have not been placed in AP yet. Let's hope you won't have to face those circumstances, but it might be worthwhile to wait and see what happens and cross that bridge when you get there. 

Edited December 9, 2022 by PZibran325

[ice-qube 649]

7 hours ago, deep2ca said:

Just thought I would give you guys an update and share the good news.

 

As of Dec 6th the CEAC portal is showing issued!!! I have not received an email yet but the in the portal it says my visa is in final processing and should be mailed to me within the next 10 days! 😀

 

What a journey, been waiting since 2019. I am so thankful it is coming to an end and I can move on from this chapter and start my married life with my partner. 

 

To everyone else waiting, stay positive, i know its a struggle, and its not fair, but it will happen for you too! 

 

Hey @deep2ca, thankfully your hellish immigration journey is at the end. Congratulation to you, all the best!

[ice-qube 649]

5 hours ago, LAMA9 said:

Probably the greatest irony of this entire process is that you are free to visit the US during the extreme vetting process of the DS-5535.  You are such a security threat to the US, that they still welcome you with open arms as a tourist!  You just have to be upfront that you are in AP.  I don't believe any of us here that did travel while in DS5535 had any issues at all... 

They have never given me an issue yet, and never asked about my immigration process whatsoever...

[throwitaway 190]

14 hours ago, TheMaverick said:

On the same lines I have a question, I asked this question before but did not receive a response. I currently have a TN visa(which does not have dual intent like a H1) and now if I am placed in AP, Can I still travel to the US to work(not as a tourist). Because once I have attended that first interview I have shown intent to migrate. For someone on TN who is going through CP, one of the response to give to CBP is that since we have an interview scheduled we would leave US and head to Canada thereby proving that our current stay in US is temporary. But once that interview is over what reasoning can we give to prove that the current entry will be temporary. I guess once AP is compete they just ask for passports(they do not call for second round of interview)

It looks like a DOS memo went out in 2017 addressing your specific situation. Unfortunately, it no longer seems to exist on the DOS website, but several immigration law offices have posted about it. Because I haven’t been able to find this policy on an official government website I would take it with a grain of salt. They say:

 

“Department of State (DOS) offered information late last year that benefits those with visa applications in administrative processing.

 

According to the DOS, an existing visa will not be cancelled while a new application is pending administrative processing in a US consulate. However, the consulate will cancel previously approved, valid visas if “derogatory information” emerges during review.  Therefore, if someone plans to enter the US while their new visa application is held for administrative processing, the traveler can apply for admission into the US only if they possess a valid nonimmigrant visa. If a traveler utilizes a previously issued visa, then they must comply with the terms of that visa. For example, if an individual enters the US with a valid B-1/B-2 visa, they should not enter the country with the intention to work.

 

CBP Maintains Authority 

Although a previously issued visa may be valid during a pending administrative processing hold, Customs and Border Patrol (CBP) maintains the authority to determine admissibility. Thus, an application for entry could be denied by CBP, regardless if the previously issued visa is valid.”

 

Looks like your TN won’t be “automatically cancelled” if you go into AP, unless of course they find something they don’t like. CBP at port of entry may scrutinize your admission, so it would be wise to bring as much evidence as possible that you are not permanently moving to the US on your trip.

 

Hope this helps. 

Edited December 9, 2022 by throwitaway

[mymissingpiece 22]

Omg guys!!! Our status just changed to APPROVED!!!!!!! I can’t believe we made it!!!! 😭 

[BatmanFlow 481]

2 minutes ago, mymissingpiece said:

Omg guys!!! Our status just changed to APPROVED!!!!!!! I can’t believe we made it!!!! 😭 

Congratulations! Happy you’re done with this hell!

[LAMA9 118]

4 minutes ago, mymissingpiece said:

Omg guys!!! Our status just changed to APPROVED!!!!!!! I can’t believe we made it!!!! 😭 

AMAZING!!!  I AM SO HAPPY FOR YOU!!!!!  YOU ARE FREE!  

[throwitaway 190]

1 hour ago, LAMA9 said:

AMAZING!!!  I AM SO HAPPY FOR YOU!!!!!  YOU ARE FREE!  

Make sure you don’t withdraw your WoM until you have visas in hand. Congrats! 

 

Edit: Sorry LAMA9, meant to quote mymissingpiece

Edited December 9, 2022 by throwitaway

[BatmanFlow 481]

OMG my moms visa is issued!!!! I cannot believe I saw those words on CEAC site. 
432 days after her interview, it’s been issued. 
 

man I’m so happy and thankful for this. 
 

on Tuesday my congressperson got a reply from embassy that they didn’t have my documents. I had sent everything and it was received by third party sorting facility on November 10. 

this Wednesday the date changed. It changed again Thursday. It changed again today. And two later later the status changed from refused to issued! 
 

what a hellish process and im really

hoping people see issues soon for their cases