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

[Irish89 44]

50 minutes ago, Crazy Cat said:

Have you filed a WOM?

Filed one in 2023 and got MTD in November. We didn’t fight it. 

[Pearljamm 65]

9 hours 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,

 

I recieved a similar email recently, word for word. its the wording that set everything off but we're still under AP and nothing changed, I reached out to my lawyer and he confirmed the changes in wording in response of the lawsuits. "they're just using different words now, because the words they were using do not benefit them in a lawsuit". 

 

Reaching the one year mark next month and still nothing.

 

 

[ak47 32]

16 minutes ago, Pearljamm said:

 

I recieved a similar email recently, word for word. its the wording that set everything off but we're still under AP and nothing changed, I reached out to my lawyer and he confirmed the changes in wording in response of the lawsuits. "they're just using different words now, because the words they were using do not benefit them in a lawsuit". 

 

Reaching the one year mark next month and still nothing.

 

 

Right. I will complete a year in 4 days.

[Inveigh 69]

11 hours ago, Irish89 said:

Filed one in 2023 and got MTD in November. We didn’t fight it. 

Same, we got a MTD in February. May is our one-year date.

 

Once we hit one year were going to do a 2nd reattempt.

Edited March 21 by Inveigh

[CarmenD 150]

16 hours ago, ak47 said:

denied visa when  our interview occured

Except that visa is NOT Denied (FINAL determination) at the interview, but REFUSED, pending additional security screening 

 

Immigration lawyer:  “It appears that they have done this in response to the lawsuit - the US Attorney's office has been making the argument that a 'Refusal' under INA 221(g) is a 'Denial' and that 'Administrative Processing' is a process by which the applicant seeks 'Reconsideration' of the visa application.  

 

The US Attorney's office argues that since it is a denial and you are seeking reconsideration, the court's have no jurisdiction to order a final decision (because a decision has already been made).   Attorneys have been responding to this argument with emails and correspondence to the consulate which clearly states that the visa application has been 'Refused' under INA 221(g) for 'Further Administrative Processing', and winning on that argument (in some cases).  The law is clear that INA 221(g) is NOT a FINAL denial or decision, but rather a refusal with further “Administrative Processing.”  Hope this clears the air for everyone

Edited March 21 by CarmenD
typographical

[Phil_K_IR1 83]

We had a case update yesterday, and now today (both unsolicited/not email replies).... Don't want to get my hopes up, but this never happened before..

 

Interestingly, CEAC status is obviously still "refused", but all this legal jargon going on I wonder if they'd eventually change the wording to "denied" to match the new email language? 

[DadofUSCitizen 20]

Here is my story.

 

Inerviewed with wife (separate cases because of petioned by our son) at MTL on 1/11/2024 at same time with same officer. The interviewing CO "approved" both of our IR5 applications, kept our passports and told us that we will get our passports back with visa in 6 days. Wife did get her visa issued on 1/16 and received her passport back a few days later but my status changed to "refused" when I first check CEAC on 1/17. Since then, another 4 date updates on 2/1, 2/2, 2/7 and 2/13 (last update) but status remain as refused.

 

My bigest concern is that I never received any instructions from the CO during and after the interview. No 221g, no DS5535, not email or regular mail, nothing at all from the MTL office. But the refuse note on the CEAC status page states "A U.S. consular officer has adjudicated and refused your visa application. Please follow any instructions provided by the consular officer". I am concerned that the CO instructions for me got lost somehow on the way.

 

Is there anyone here having the similar experience? Any suggestions on what I should do now will be greatly appreciated.

 

Thank you all!

[DadofUSCitizen 20]

5 minutes ago, DadofUSCitizen said:

Here is my story.

 

Inerviewed with wife (separate cases because of petioned by our son) at MTL on 1/11/2024 at same time with same officer. The interviewing CO "approved" both of our IR5 applications, kept our passports and told us that we will get our passports back with visa in 6 days. Wife did get her visa issued on 1/16 and received her passport back a few days later but my status changed to "refused" when I first check CEAC on 1/17. Since then, another 4 date updates on 2/1, 2/2, 2/7 and 2/13 (last update) but status remain as refused.

 

My bigest concern is that I never received any instructions from the CO during and after the interview. No 221g, no DS5535, not email or regular mail, nothing at all from the MTL office. But the refuse note on the CEAC status page states "A U.S. consular officer has adjudicated and refused your visa application. Please follow any instructions provided by the consular officer". I am concerned that the CO instructions for me got lost somehow on the way.

 

Is there anyone here having the similar experience? Any suggestions on what I should do now will be greatly appreciated.

 

Thank you all!

Sorry I made a few typos: Interviewed, petitioned and biggest. I did not find spell check tools here LOL.

 

[DadofUSCitizen 20]

1 hour ago, Phil_K_IR1 said:

We had a case update yesterday, and now today (both unsolicited/not email replies).... Don't want to get my hopes up, but this never happened before..

 

Interestingly, CEAC status is obviously still "refused", but all this legal jargon going on I wonder if they'd eventually change the wording to "denied" to match the new email language? 

 

I also received 2 updates in 2 days. I do not think it is either or bad sign.

[DadofUSCitizen 20]

1 minute ago, DadofUSCitizen said:

 

I also received 2 updates in 2 days. I do not think it is either or bad sign.

     I also received 2 updates in 2 consective days. I do not think it is an either good or bad sign. Sorry I seems lost my typing ability due to this anxiety.

[Sisa24 20]

17 minutes ago, DadofUSCitizen said:

Here is my story.

 

Inerviewed with wife (separate cases because of petioned by our son) at MTL on 1/11/2024 at same time with same officer. The interviewing CO "approved" both of our IR5 applications, kept our passports and told us that we will get our passports back with visa in 6 days. Wife did get her visa issued on 1/16 and received her passport back a few days later but my status changed to "refused" when I first check CEAC on 1/17. Since then, another 4 date updates on 2/1, 2/2, 2/7 and 2/13 (last update) but status remain as refused.

 

My bigest concern is that I never received any instructions from the CO during and after the interview. No 221g, no DS5535, not email or regular mail, nothing at all from the MTL office. But the refuse note on the CEAC status page states "A U.S. consular officer has adjudicated and refused your visa application. Please follow any instructions provided by the consular officer". I am concerned that the CO instructions for me got lost somehow on the way.

 

Is there anyone here having the similar experience? Any suggestions on what I should do now will be greatly appreciated.

 

Thank you all!

Did you email the consulate to inquire?

[DadofUSCitizen 20]

Just now, Sisa24 said:

Did you email the consulate to inquire?

Twice. Each time only received the "standard" auto-reply. They are useless to me.

[DadofUSCitizen 20]

1 hour ago, Phil_K_IR1 said:

We had a case update yesterday, and now today (both unsolicited/not email replies).... Don't want to get my hopes up, but this never happened before..

 

Interestingly, CEAC status is obviously still "refused", but all this legal jargon going on I wonder if they'd eventually change the wording to "denied" to match the new email language? 

Have you received anything from CO during and after your interview? Thanks!

[Phil_K_IR1 83]

4 minutes ago, DadofUSCitizen said:

Have you received anything from CO during and after your interview? Thanks!

Yes we were given a 221g refusal and got an email the same day asking for my wife's CV. (No DS5535) 

 

This was back in November 202

[Phil_K_IR1 83]

29 minutes ago, Phil_K_IR1 said:

Yes we were given a 221g refusal and got an email the same day asking for my wife's CV. (No DS5535) 

 

This was back in November 202

*2023