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DS-5535 Amsterdam [merged threads]

By IAG in US Embassy and Consulate Discussion

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IAG
IAG

Here is the conclusion of my story. -[My immigrant interview was on Nov 29 2022, and the visa was approved on the spot. However, I later received the DS-5535 form, and since Dec 1 2022 the case was st

IAG
IAG

Visa issued on May 15 2023.

IAG
IAG

This is not the essence of the previous question. The main question was the price. Please read carefully.

IAG Apprentice

IAG   22

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On 2/21/2023 at 5:02 PM, chanav said:

@IAG Did you eventually get your passport (and visa) back?

No, I filed a lawsuit, and the Embassy has a deadline on April 24 2023. If you get DS-5535, file the lawsuit on the next day, do not wait. According to one lawyer, the Biden administration does not fight on the DS-5535 delays (knock on wood) because they took credit for ending Trump's policies. Nothing changed since then, so they keep delays under the carpet and simply print visas.

 

 

chanav Rookie

chanav   0

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12 hours ago, IAG said:

No, I filed a lawsuit, and the Embassy has a deadline on April 24 2023. If you get DS-5535, file the lawsuit on the next day, do not wait. According to one lawyer, the Biden administration does not fight on the DS-5535 delays (knock on wood) because they took credit for ending Trump's policies. Nothing changed since then, so they keep delays under the carpet and simply print visas.

 

 

Ah that's painful. Don't they even give you passport back while waiting for all this drama? Hope you get it soon with the stamping.

IAG Apprentice

IAG   22

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3 hours ago, chanav said:

Ah that's painful. Don't they even give you passport back while waiting for all this drama? Hope you get it soon with the stamping.

You can always ask your passport back, they will give it to you no problem. When was your interview and what type of visa are you getting?

chanav Rookie

chanav   0

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4 minutes ago, IAG said:

You can always ask your passport back, they will give it to you no problem. When was your interview and what type of visa are you getting?

Okay, good to know. Mine is later, 28th March. Just went through the medical last week. I am getting an EB1.

IAG Apprentice

IAG   22

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1 minute ago, chanav said:

Okay, good to know. Mine is later, 28th March. Just went through the medical last week. I am getting an EB1.

Nice, I am sure your interview will go well and hope you won't get administrative processing, because this is the worst what can happen... Sometimes I wish they just denied me and that's it - I would move on.

chanav Rookie

chanav   0

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Just now, IAG said:

Nice, I am sure your interview will go well and hope you won't get administrative processing, because this is the worst what can happen... Sometimes I wish they just denied me and that's it - I would move on.

I feel you. Going through stupid RFEs myself I feel a yes too late is just a wasted effort. Hope you sail through quickly.

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IAG Apprentice

IAG   22

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Here is the conclusion of my story. -[My immigrant interview was on Nov 29 2022, and the visa was approved on the spot. However, I later received the DS-5535 form, and since Dec 1 2022 the case was stuck in administrative processing. Having waited for two months, I filed the lawsuit on Feb 1 2023 to compel the State Department to issue my visa.

 

The lawsuit deadline is April 24 2023. Magically, on April 4 2023 the US consulate in Amsterdam told me to repeat my medical exam and return my passport for visa issuance.

 

So, if you get the DS-5535, file the mandamus lawsuit on the NEXT day. Don't wait for 2 months, like I did. According to one experienced litigator, the Biden administration (luckily) does not fight these lawsuits at all, and they just print the visa, because it is more work for them to backfire at you. 

 

Otherwise, it takes anywhere from 4 to 11 months for the DS-5535 to get cleared. This has horrible consequences for employment-based immigrants, because the priority date started to retrogress this year.

 

I hope this information would help others to get unstuck

SalishSea Grand Master

SalishSea   17,981

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2 minutes ago, Allaboutwaiting said:

How much did you pay for the WoM?

 

And congratulations on receiving your visa. 

If just today they're asking for a new medical and passport, OP has not received the visa yet.

IAG Apprentice

IAG   22

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Just now, Jorgedig said:

If just today they're asking for a new medical and passport, OP has not received the visa yet.

This is not the essence of the previous question. The main question was the price. Please read carefully.

SalishSea Grand Master

SalishSea   17,981

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37 minutes ago, IAG said:

This is not the essence of the previous question. The main question was the price. Please read carefully.

Uh, I DID read carefully.  I was pointing out something factual.

TBoneTX Grand Master

TBoneTX   45,663

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Filed: Citizen (apr) Country: Ecuador
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Posted (edited)

Related threads have been merged.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

  • TBoneTX changed the title to DS-5535 Amsterdam [merged threads]
TBoneTX Grand Master

TBoneTX   45,663

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Filed: Citizen (apr) Country: Ecuador
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An insulting post has been removed.  Administrative action has been applied.  If bickering continues, account suspensions will be issued.

 

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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