The Turkey, Iran, MENA, dreaded DS-5535 thread forum. Post here and support each other

[Ontarkie 14,216]

~~One Post from the Montreal thread moved to the appropriate regional forum.~~

[Inveigh 69]

Greetings all,

 

I am compiling a spreadsheet with as much information as possible to explain my K1 process to you all. However there is alot of information and I want to make sure everything is right before I post it to you all completely.

 

As of right now though, there have been a few case updates (maybe around 5) and a Motion to Dismiss but still no Visa.

 

Although I pray everyone gets through this troubling time and can be reunited with their loved ones soon.

[Z and N 1]

17 hours ago, iZeed said:

Hi There, 

 

I am new to this forum. My mother is facing the same issue. Her I-130 was approved early Oct.  Then for humanitarian reasons we requested a case transfer to another embassy and expedited the interview request. Fortunately, both requests were approved and she attended her interview in early December. But her case went to AP and I got an email to fill out DS-5535. We filled out and submitted the form the same day. The case has been updated a few times since the interview. My congressman's office said they could reach out after three weeks of the interview. Can DOS take into consideration humanitarian causes and expedite the AP process? The Embassy team told me there is no timeline to resolve AP but they have been responsive to me so far regarding all my requests.

 

Thanks! 

Hello, I know when there is an emergency they do. I'm not sure for humanitarian reasons tbh. What embassy was it transferred from and to if you don't mind me asking?

[iZeed 0]

15 minutes ago, Z and N said:

Hello, I know when there is an emergency they do. I'm not sure for humanitarian reasons tbh. What embassy was it transferred from and to if you don't mind me asking?

From Jerusalem to Cairo. What are the criteria of an emergency they might accept? 

[Z and N 1]

5 minutes ago, iZeed said:

From Jerusalem to Cairo. What are the criteria of an emergency they might accept? 

Hopefully she gets the response soon. Honestly the only two I know of are either a death in the family or if someone is critically ill. And I literally just learned that an hour ago from my senators office because I helped someone complete the document for her husband and she requested it to be expedited and her reason was not valid. Financial hardship

[Inveigh 69]

Greetings all,

 

Here is my latest timeline layed out for everyone to see as promised, I hope this helps you all achieve your immigration goals. I left a bunch of my insights at the bottom to help anyone else out that is struggling with the 221(G) / DS-5535 Process aswell. I hope this helps.

 

Enjoy:

 

--------------------

08MAY2023 - Interview Date - Ready
 
09MAY2023 - Refused 221(G) - DS-5535 not Submitted
 
10MAY2023 - Refused 221(G) - DS-5535 Submitted
 
CEAC UPDATED - 11MAY2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 22MAY2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 24MAY2023 - Refused 221(G) - No Action on our Behalf  
CEAC UPDATED - 26MAY2023 - Refused 221(G) - No Action on our Behalf  
CEAC UPDATED - 06JUNE2023 - Refused 221(G) - No Action on our Behalf 
 
20JUNE2023 - WRIT OF MANDAMUS FILED -  PETITION FOR WRIT OF MANDAMUS and Complaint for Declaratory and Injunctive Relief against RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL 

21JUNE2023 - WRIT OF MANDAMUS CASE ASSIGEND - SUMMONS (5) Issued Electronically as to RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL, U.S. Attorney and U.S. Attorney General(zrtw)

23JUNE2023 - Refused 221(G)  - Contacted my Congressman so the case Updated - Email Response

It stated:
 

“Dear [My Congressman’s Name],
 
Thank you for your email inquiry on behalf of [My Congressman’s name]'s constituent, [My name] regarding the visa application of [My fiance's name]

[My fiances name] case is pending necessary administrative processing.  We have noted your office's interest.  Unfortunately, we are unable to predict how long administrative processing will take for a given case.  I will note that often this process takes several months to complete.  As soon as this process is completed, we will notify [My fiances name] of the decision” 
 
28JUNE2023 - STANDARD ORDER for civil cases signed by our Judge
 
24JULY2023 (Part 1) -  RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint - Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General - Answer due for ALL FEDERAL DEFENDANTS by 8/21/2023

26JULY2023 (Part 2) - RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint - Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General - Answer due for ALL FEDERAL DEFENDANTS by 8/21/2023
 
CEAC UPDATED - 28JULY2023 - Refused 221(G) - Initiated Contact with my Senator (NOT congressman) so the case Updated. We received an email back

It stated:
 

“Dear [My Name],

Thank you for contacting my office regarding your matter. I have contacted the US Embassy Ankara on your behalf. According to the agency:

‘Embassy of the United States of America
Ankara, Türkiye

Thank you for your email inquiry on behalf of [My name] regarding the visa application of fiancé, [My fiances name]

[My fiance’s name] case is pending necessary administrative processing. We have noted your office's interest. Unfortunately, we are unable to predict how long administrative processing will take for a given case. I will note that often this process takes several months to complete.

As soon as this process is completed, we will notify [My fiance’s name] of the decision.”

21AUG2023 - MOTION to Dismiss by RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL

CEAC UPDATED - 4SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 6SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 12SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 15SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 26SEPT2023 - Refused 221(G) - No Action on our Behalf

CEAC UPDATED - 18OCT2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 30OCT2023 - Refused 221(G) - No Action on our Behalf

CEAC UPDATED - 6NOV2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 7NOV2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 13NOV2023 - Refused 221(G) - No Action on our Behalf

CEAC UPDATED - 23 NOV2023 - Refused 221(G) - ~ Around October 25th - November 1st I contacted the White House through their  ‘HELP WITH A FEDERAL AGENCY’ form.

We received an email back from the White House with a PDF Letter Directly Connected to The State Department.

White House E-Mail Response:

“Thank you for writing to President Biden about your visa inquiry.  Your letter was forwarded to the Department of State’s Bureau of Consular Affairs for a reply.  We apologize for the delay in responding to your inquiry.  Please open the attached document for our response to your visa inquiry.

For additional visa information please visit our website at (White House Link) & (Travel State Gov Website Link)  You may also contact the National Visa Center (NVC) via email through their online inquiry form at [NVC Inquiry Link]. 

PLEASE DO NOT RESPOND TO THIS EMAIL, THIS IS AN UNATTENDED MAILBOX.

Any information in this transmission pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential under section 222(f) of the Immigration and Nationality Act (INA) [8 U.S.C. 1202].  Access to and use of such information must be solely for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States under 222(f) and as specified in FAM guidance.  If you have received such information in error, do not review, retransmit, disclose, disseminate, use or take any action in reliance upon this information, and contact the sender as soon as possible.”

State Department Personal Letter Response:

“We are writing in response to your letter to President Joseph Biden concerning the immigrant visa case of your fiance. Because the Department of State is responsible for visa matters, your inquiry was forwarded to us for our reply.

Thank you for your patience in awaiting a response.

We have checked our consular records and learned that your fiance's visa application is still undergoing administrative processing in order to verify her qualifications for the visa.

We realize that these extended time periods can cause frustration and we are sensitive to the fact that the purpose of the immigrant visa program is to reunite families. 

Nonetheless, all U.S. embassies and consulates, must adjudicate visa applications in accordance with the provisions of the law, and, in some cases, this involves extensive administrative processing.

While we cannot predict when the administrative processing of your fiance's visa application will be completed, please be assured that the Embassy and the Department of State are aware of your concerns and will take appropriate measures to prevent any undue delay and see that the application is adjudicated as soon as possible, once administrative processing of your case has been completed.

We hope this information is helpful.

Sincerely,

Visa Office
Bureau of Consular Affairs
U.S. Department of State”

CEAC UPDATED - 8DEC2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 20DEC2023 - Refused 221(G) - No Action on our Behalf

---------------

And here we are today on DECEMBER 28TH 2023 at the end of the year with the current process still awaiting my Fiance’s Visa to be adjudicated.

If I would do this all over again here are some things I learned and some tips for all going under DS-5535 below

--------------

TIP #1 Timing is Key: Don't Hire a Lawyer Too Soon

One crucial factor I realized in dealing with administrative processes is the timing of seeking legal assistance. Hiring a lawyer can be a strategic move, but it's essential to wait until the administrative processing has been ongoing for a significant UNREASONABLE period, typically 8-12 months. This waiting period allows you to gather necessary information, understand the nuances of your case, and maximize your chances of success. Lawyers can navigate the complexities of the legal system effectively, but engaging them at the right time can make a significant difference in the outcome of your case.

TIP #2 Congressional Support: Manage YOUR Expectations

While reaching out to your congressman or senator might seem like a logical step in resolving bureaucratic issues, it's important to understand the limitations of their power. Congressmen/Senator often have limited influence over administrative processes, and their ability to expedite or intervene in specific cases is constrained. While it's worth exploring all avenues of support, it's crucial to manage expectations and recognize that, in many instances, their impact may be very very very limited. Exploring alternative avenues, such as legal counsel and other advocacy channels, may be equally important in your quest for a resolution.

TIP #3 Government Response: Understanding the Realities

It can be disheartening when even individuals who have served honorably in the military find it challenging to receive the necessary assistance from the government. Even like me, someone who is a protected veteran for this country and was injured during my duty, they still dont come to my aid. This is because the reality is that administrative processes can be slow and bureaucratic and is forever unfeeling, often leading to frustration. Recognizing that the government might not be as responsive as expected, even in cases involving military service or other crucial impactful areas. is a crucial aspect of managing expectations. While they may prioritize dire circumstances, understanding the limitations of their responsiveness can help you explore additional options and plan accordingly.

Additional Tips:

a. Document Everything: Maintain a thorough record of all interactions, communications, and documentation related to your case. This organized documentation can be invaluable in legal proceedings or when seeking assistance from elected officials.

b. Explore Support Networks: Seek out support groups or communities that may have experienced similar challenges. Shared experiences and advice can provide valuable insights and emotional support during the administrative process.

c. Stay Informed: Keep yourself informed about the specific procedures and timelines associated with administrative processing. Knowing what to expect can empower you to make informed decisions and navigate the process more effectively.

 

----------------

I hope this helps you all in making your decisions in navigating through this process and if you have any questions feel free to DM me or reply on this thread if any of you need more information or clarification on something for you in your own process.

Edited December 28, 2023 by Inveigh

[ShawnK 82]

On 12/28/2023 at 3:36 PM, Inveigh said:

Greetings all,

 

Here is my latest timeline layed out for everyone to see as promised, I hope this helps you all achieve your immigration goals. I left a bunch of my insights at the bottom to help anyone else out that is struggling with the 221(G) / DS-5535 Process aswell. I hope this helps.

 

Enjoy:

 

--------------------

08MAY2023 - Interview Date - Ready
 
09MAY2023 - Refused 221(G) - DS-5535 not Submitted
 
10MAY2023 - Refused 221(G) - DS-5535 Submitted
 
CEAC UPDATED - 11MAY2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 22MAY2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 24MAY2023 - Refused 221(G) - No Action on our Behalf  
CEAC UPDATED - 26MAY2023 - Refused 221(G) - No Action on our Behalf  
CEAC UPDATED - 06JUNE2023 - Refused 221(G) - No Action on our Behalf 
 
20JUNE2023 - WRIT OF MANDAMUS FILED -  PETITION FOR WRIT OF MANDAMUS and Complaint for Declaratory and Injunctive Relief against RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL 

21JUNE2023 - WRIT OF MANDAMUS CASE ASSIGEND - SUMMONS (5) Issued Electronically as to RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL, U.S. Attorney and U.S. Attorney General(zrtw)

23JUNE2023 - Refused 221(G)  - Contacted my Congressman so the case Updated - Email Response

It stated:
 

“Dear [My Congressman’s Name],
 
Thank you for your email inquiry on behalf of [My Congressman’s name]'s constituent, [My name] regarding the visa application of [My fiance's name]

[My fiances name] case is pending necessary administrative processing.  We have noted your office's interest.  Unfortunately, we are unable to predict how long administrative processing will take for a given case.  I will note that often this process takes several months to complete.  As soon as this process is completed, we will notify [My fiances name] of the decision” 
 
28JUNE2023 - STANDARD ORDER for civil cases signed by our Judge
 
24JULY2023 (Part 1) -  RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint - Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General - Answer due for ALL FEDERAL DEFENDANTS by 8/21/2023

26JULY2023 (Part 2) - RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint - Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General - Answer due for ALL FEDERAL DEFENDANTS by 8/21/2023
 
CEAC UPDATED - 28JULY2023 - Refused 221(G) - Initiated Contact with my Senator (NOT congressman) so the case Updated. We received an email back

It stated:
 

“Dear [My Name],

Thank you for contacting my office regarding your matter. I have contacted the US Embassy Ankara on your behalf. According to the agency:

‘Embassy of the United States of America
Ankara, Türkiye

Thank you for your email inquiry on behalf of [My name] regarding the visa application of fiancé, [My fiances name]

[My fiance’s name] case is pending necessary administrative processing. We have noted your office's interest. Unfortunately, we are unable to predict how long administrative processing will take for a given case. I will note that often this process takes several months to complete.

As soon as this process is completed, we will notify [My fiance’s name] of the decision.”

21AUG2023 - MOTION to Dismiss by RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL

CEAC UPDATED - 4SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 6SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 12SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 15SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 26SEPT2023 - Refused 221(G) - No Action on our Behalf

CEAC UPDATED - 18OCT2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 30OCT2023 - Refused 221(G) - No Action on our Behalf

CEAC UPDATED - 6NOV2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 7NOV2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 13NOV2023 - Refused 221(G) - No Action on our Behalf

CEAC UPDATED - 23 NOV2023 - Refused 221(G) - ~ Around October 25th - November 1st I contacted the White House through their  ‘HELP WITH A FEDERAL AGENCY’ form.

We received an email back from the White House with a PDF Letter Directly Connected to The State Department.

White House E-Mail Response:

“Thank you for writing to President Biden about your visa inquiry.  Your letter was forwarded to the Department of State’s Bureau of Consular Affairs for a reply.  We apologize for the delay in responding to your inquiry.  Please open the attached document for our response to your visa inquiry.

For additional visa information please visit our website at (White House Link) & (Travel State Gov Website Link)  You may also contact the National Visa Center (NVC) via email through their online inquiry form at [NVC Inquiry Link]. 

PLEASE DO NOT RESPOND TO THIS EMAIL, THIS IS AN UNATTENDED MAILBOX.

Any information in this transmission pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential under section 222(f) of the Immigration and Nationality Act (INA) [8 U.S.C. 1202].  Access to and use of such information must be solely for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States under 222(f) and as specified in FAM guidance.  If you have received such information in error, do not review, retransmit, disclose, disseminate, use or take any action in reliance upon this information, and contact the sender as soon as possible.”

State Department Personal Letter Response:

“We are writing in response to your letter to President Joseph Biden concerning the immigrant visa case of your fiance. Because the Department of State is responsible for visa matters, your inquiry was forwarded to us for our reply.

Thank you for your patience in awaiting a response.

We have checked our consular records and learned that your fiance's visa application is still undergoing administrative processing in order to verify her qualifications for the visa.

We realize that these extended time periods can cause frustration and we are sensitive to the fact that the purpose of the immigrant visa program is to reunite families. 

Nonetheless, all U.S. embassies and consulates, must adjudicate visa applications in accordance with the provisions of the law, and, in some cases, this involves extensive administrative processing.

While we cannot predict when the administrative processing of your fiance's visa application will be completed, please be assured that the Embassy and the Department of State are aware of your concerns and will take appropriate measures to prevent any undue delay and see that the application is adjudicated as soon as possible, once administrative processing of your case has been completed.

We hope this information is helpful.

Sincerely,

Visa Office
Bureau of Consular Affairs
U.S. Department of State”

CEAC UPDATED - 8DEC2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 20DEC2023 - Refused 221(G) - No Action on our Behalf

---------------

And here we are today on DECEMBER 28TH 2023 at the end of the year with the current process still awaiting my Fiance’s Visa to be adjudicated.

If I would do this all over again here are some things I learned and some tips for all going under DS-5535 below

--------------

TIP #1 Timing is Key: Don't Hire a Lawyer Too Soon

One crucial factor I realized in dealing with administrative processes is the timing of seeking legal assistance. Hiring a lawyer can be a strategic move, but it's essential to wait until the administrative processing has been ongoing for a significant UNREASONABLE period, typically 8-12 months. This waiting period allows you to gather necessary information, understand the nuances of your case, and maximize your chances of success. Lawyers can navigate the complexities of the legal system effectively, but engaging them at the right time can make a significant difference in the outcome of your case.

TIP #2 Congressional Support: Manage YOUR Expectations

While reaching out to your congressman or senator might seem like a logical step in resolving bureaucratic issues, it's important to understand the limitations of their power. Congressmen/Senator often have limited influence over administrative processes, and their ability to expedite or intervene in specific cases is constrained. While it's worth exploring all avenues of support, it's crucial to manage expectations and recognize that, in many instances, their impact may be very very very limited. Exploring alternative avenues, such as legal counsel and other advocacy channels, may be equally important in your quest for a resolution.

TIP #3 Government Response: Understanding the Realities

It can be disheartening when even individuals who have served honorably in the military find it challenging to receive the necessary assistance from the government. Even like me, someone who is a protected veteran for this country and was injured during my duty, they still dont come to my aid. This is because the reality is that administrative processes can be slow and bureaucratic and is forever unfeeling, often leading to frustration. Recognizing that the government might not be as responsive as expected, even in cases involving military service or other crucial impactful areas. is a crucial aspect of managing expectations. While they may prioritize dire circumstances, understanding the limitations of their responsiveness can help you explore additional options and plan accordingly.

Additional Tips:

a. Document Everything: Maintain a thorough record of all interactions, communications, and documentation related to your case. This organized documentation can be invaluable in legal proceedings or when seeking assistance from elected officials.

b. Explore Support Networks: Seek out support groups or communities that may have experienced similar challenges. Shared experiences and advice can provide valuable insights and emotional support during the administrative process.

c. Stay Informed: Keep yourself informed about the specific procedures and timelines associated with administrative processing. Knowing what to expect can empower you to make informed decisions and navigate the process more effectively.

 

----------------

I hope this helps you all in making your decisions in navigating through this process and if you have any questions feel free to DM me or reply on this thread if any of you need more information or clarification on something for you in your own process.

Good points, I would also add, avoid filing WOM in DC, highest chance of dismissal.

 

 

[saied 17]

What is the next step for you guys? Next month it will be 8 months in AP for us and I guess I am considering going the Mandumas route but I am just wondering if it is a waste of time and money and I should just forget about the US and move to another country with my wife.

 

[Inveigh 69]

7 hours ago, saied said:

What is the next step for you guys? Next month it will be 8 months in AP for us and I guess I am considering going the Mandumas route but I am just wondering if it is a waste of time and money and I should just forget about the US and move to another country with my wife.

 

If you're going to file I would say now is the right time. If you want to wait a little longer for a stronger case I would say that's a good idea but now would be a great opportunity for the both of you to consider.

[rikko 84]

On 12/29/2023 at 2:36 AM, Inveigh said:

TIP #1 Timing is Key: Don't Hire a Lawyer Too Soon

One crucial factor I realized in dealing with administrative processes is the timing of seeking legal assistance. Hiring a lawyer can be a strategic move, but it's essential to wait until the administrative processing has been ongoing for a significant UNREASONABLE period, typically 8-12 months. This waiting period allows you to gather necessary information, understand the nuances of your case, and maximize your chances of success. Lawyers can navigate the complexities of the legal system effectively, but engaging them at the right time can make a significant difference in the outcome of your case.

 

This is incredibly helpful information for someone in 221g, albeit for a different area of the world! Thank you!

[Catperson_rx 43]

There are mandamus cases where the judges have found that delays of 3-5 years are reasonable.

 

In my opinion, the goal of mandamus should not always be to win the order from the judge because your lawsuit can always be dismissed (unless you're waiting for years). Dismissal is the new norm. The goal should be to accelerate the visa adjudication. Theoretically, the lawsuit sheds light on your pending case and things start moving in the background. 

I say theoretically because no one knows for sure not even expert lawyers who we pay thousands of dollars to.

[Inveigh 69]

The Judge just dismissed my case everyone. After 8 Months of fighting for this Visa for my Fiancé, $4000 is now flushed down the drain. 

 

Do not file unless its been 11 months minimum in my opinion

Edited February 16 by Inveigh

[Mahmoud Kassab 17]

38 minutes ago, Inveigh said:

The Judge just dismissed my case everyone. After 8 Months of fighting for this Visa for my Fiancé, $4000 is now flushed down the drain. 

 

Do not file unless its been 11 months minimum in my opinion

That’s so painful and heartbreaking , all you have to do now is wait it out and don’t give up on each other your love is stronger.

may I know what lawyer you filled with?

[saied 17]

US immigration system is a joke. Unfortunately  I don't think anything will change until near election time.

Sorry to hear about the bad news man. I hope the other party does us justice but probably not since we are from the middle east.( we will see tho)

[Boiler 45,445]

1 hour ago, saied said:

US immigration system is a joke. Unfortunately  I don't think anything will change until near election time.

Sorry to hear about the bad news man. I hope the other party does us justice but probably not since we are from the middle east.( we will see tho)

What do you expect to change?