The dreaded DS-5535 thread for Montreal Only. Post here and support each other (PART 3)

[Inveigh 69]

30 minutes ago, ajxl888 said:

Hi All,

 

I just received this email from the MTL consulate.  Is this any different from what I've been in since being placed in AP?  Or is this the final decision by the embassy?  I'm coming up to the year mark since my interview... Being in AP is one thing but I truly have no idea why I would be denied.  If anyone has any insight it would be appreciated. 

 

Good afternoon,

 

The consular officer, after carefully considering your application and reviewing all available information, determined you have not established that you are eligible for a visa and denied your visa application under INA 221(g).  Additional security screening is being conducted.  Depending on the screening results, a consular officer may reconsider your eligibility for the visa.

 

Thank you for your patience and cooperation.

 

Regards,

 

This isn't a final denial, its AP. They may or may not ask you for a 5535 at this point.

 

edit; I believe you are overstrength for WOM 

Edited March 20 by Inveigh

[CarmenD 150]

16 minutes ago, ajxl888 said:

Hi All,

 

I just received this email from the MTL consulate.  Is this any different from what I've been in since being placed in AP?  Or is this the final decision by the embassy?  I'm coming up to the year mark since my interview... Being in AP is one thing but I truly have no idea why I would be denied.  If anyone has any insight it would be appreciated. 

 

Good afternoon,

 

The consular officer, after carefully considering your application and reviewing all available information, determined you have not established that you are eligible for a visa and denied your visa application under INA 221(g).  Additional security screening is being conducted.  Depending on the screening results, a consular officer may reconsider your eligibility for the visa.

 

Thank you for your patience and cooperation.

 

Regards,

They couldn't make it any more confusing, even if they tried.  So you’ve been in AP close to a year, and I am going to assume completed the dreaded DS-5535 form.  The MTL Consulate now informs you of a DENIAL (not a REFUSAL) under INA 221(g) with ADDITIONAL security screening being conducted, and that based on outcome a CO may reconsider.  Final but not final.  It would seem you’re in AP, round two

[ajxl888 38]

2 minutes ago, Inveigh said:

 

This isn't a final denial, its AP. They may or may not ask you for a 5535 at this point.

 

edit; I believe you are overstrength for WOM 

Hmm thanks... yeah, I submitted my responses to DS5535 last year... exactly 11 months ago today, actually!

[Crazy Cat 41,845]

38 minutes ago, ajxl888 said:

Hi All,

 

I just received this email from the MTL consulate.  Is this any different from what I've been in since being placed in AP?  Or is this the final decision by the embassy?  I'm coming up to the year mark since my interview... Being in AP is one thing but I truly have no idea why I would be denied.  If anyone has any insight it would be appreciated. 

 

Good afternoon,

 

The consular officer, after carefully considering your application and reviewing all available information, determined you have not established that you are eligible for a visa and denied your visa application under INA 221(g).  Additional security screening is being conducted.  Depending on the screening results, a consular officer may reconsider your eligibility for the visa.

 

Thank you for your patience and cooperation.

 

Regards,

What is the CEAC status now? 

Edited March 20 by Crazy Cat

[ajxl888 38]

4 minutes ago, Phil_K_IR1 said:

Wow I've never seen this kind of email personally.

 

221(g) is the standard refusal, but not a final refusal. They're saying you're in AP for security screening (SAO) like most likely everyone here at minimum. 
 

The wording is... weird, but I'm pretty sure they're just saying once the security screening results come in you'd be eligible for the visa (as in the visa officer would "reconsider" your case and adjudicate it again, likely an approval). 
 

Anyone else can chime in though, this is the first time I've seen this wording. 

Thanks.  Yeah, I'm guessing (and hoping) it means we're just continuing the wait... I haven't received/seen anything like this before either, which is why I had a mini panic attack. 

[Inveigh 69]

4 minutes ago, ajxl888 said:

Hmm thanks... yeah, I submitted my responses to DS5535 last year... exactly 11 months ago today, actually!

Wait if you already submitted a DS-5535 than this might be a mistake. Either that or they want to go double or nothing on security vetting. Either way I would Triple Up on your part and a legal attorney ASAP as this is LOOONNNG overdue for you.

Edited March 20 by Inveigh

[ajxl888 38]

2 minutes ago, Inveigh said:

Wait if you already submitted a DS-5535 than this might be a mistake. Either that or they want to go double or nothing on security vetting. Either way I would Triple Up on your part and a legal attorney ASAP as this is LOOONNNG overdue for you.

Yup lawyers have been informed, so awaiting their response.  We filed for WOM last month. 

[Crazy Cat 41,845]

1 minute ago, ajxl888 said:

Yup lawyers have been informed, so awaiting their response.  We filed for WOM last month. 

What is the current CEAC status?

Edited March 20 by Crazy Cat

[Phil_K_IR1 83]

All this made me go check our case, saw an unsolicited update for today. 
 

Been a month since the last unsolicited update, or maybe even longer than a month 🤷🏽‍♂️

 

I've learned to not get my hopes up, but I assume this means one of the agencies doing security screening finally gave results back and they just added it in, waiting on however many others.. 

[CarmenD 150]

7 minutes ago, ajxl888 said:

We filed for WOM last month. 

Has there been any movement since filing?  Has the government filed a Motion to Dismiss, or requested/filed for an extension to reply? Thanks

[Crazy Cat 41,845]

11 minutes ago, ajxl888 said:

We filed for WOM last month

This is concerning since you received this email after both a DS-5535 and a WOM.  How do they normally respond to a WOM?

Edited March 20 by Crazy Cat

[ajxl888 38]

13 minutes ago, CarmenD said:

Has there been any movement since filing?  Has the government filed a Motion to Dismiss, or requested/filed for an extension to reply? Thanks

They haven't since we're still within the timeframe they have to respond.  And no changes to my case in CEAC.  This email didn't even correspond with a case update, which it usually does when I get those generic email responses from them. 

[Leo The Great 141]

Regarding the new generic email reply from consulate, they might update their software and this message may be specific to SAO (DS-5535). We need to see if other folks who submitted DS-5535 are getting same reply from now on or not.

Edited March 20 by Leo The Great

[Crazy Cat 41,845]

1 minute ago, Leo The Great said:

they might update their software and this message may be specific to SAO (DS-5535)

But the use of the word "denied" is weird and concerning.  "Refused" would be more appropriate for a case in AP. 

[Inveigh 69]

10 minutes ago, Crazy Cat said:

But the use of the word "denied" is weird and concerning.  "Refused" would be more appropriate for a case in AP. 

Ours said the same thing unfortunately.