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

[Coco_2023 14]

9 minutes ago, AY647 said:

My interview for IR1 at Montreal was on October 10th, everything seemed to go well. In the end the officer said he can’t approve me due to an incomplete security check and that he’s keeping my passport and police check as well. He said it should take about 1 week for me to get passport back with visa. I’ve also uploaded the white slip I received, he also gave a sheet which tells how to track passport. He didn’t mention DS 5535 and I haven’t received any email yet for DS5535 and he said everything is complete document wise. For context I’m a permanent resident in Canada from a Muslim majority country. Would appreciate some insight on this, should I be concerned ? 

I hope I am wrong but this reads the ds-5535 (Administrative Processing) 

 

Montréal is getting innovative and sneaky lately since they've realized how notorious they've become after covid time... 

 

They've even recently put a small link at the bottom of the interview invite emails for those who are born in certain countries saying you need to fill out this online form (form.office.com which we all know what it is for) to provide 'additional information' prior to the interview without mentioning ds-5535!! 

 

[AY647 0]

4 minutes ago, Coco_2023 said:

I hope I am wrong but this reads the ds-5535 (Administrative Processing) 

 

Montréal is getting innovative and sneaky lately since they've realized how notorious they've become after covid time... 

 

They've even recently put a small link at the bottom of the interview invite emails for those who are born in certain countries saying you need to fill out this online form (form.office.com which we all know what it is for) to provide 'additional information' prior to the interview without mentioning ds-5535!! 

 

Thing is the officer said nothing is needed from my end. Also how long does it take for them to send DS 5535 email if that’s required? Also I saw a 221g slip posted online from Montreal and DS5535 was mentioned on it. 

[tas005 4]

On 10/10/2024 at 6:44 PM, ShawnK said:

Lol so I already have my precious (I've  became like Smeagol with it) shiny new Greencard in hand (adjusted in the US) I've  been in AP since April 2023 with zero movement.

 

Montreal just emailed me saying they are ready to finish processing my case and want a new passport, medical etc.. I've been living and working in the US (via L1) since the early Spring and my greencard was approved pretty quickly, in about 4 months.

 

So...just sharing for how bizarre it all is.

 

Lawyer advised you can email them but you don't need to do anything,  if you don't respond it just expires.

 

Congrats, I wanted to ask you a question, you could also Adjust status by visiting instead of L1 ? if someone has no option of L1 or TN visa, can someone adjust status while visiting when case is on AP?  is there any consequences for adjustment while doing on visit?

Also can we get TN easily if we apply, and when AP clear while working on TN , can we just go back to Canada and continue  Councillor Process like submitting passport and re medical. Or can we also adjust status while working on TN as well just like you did on L1. please guide in details. thank you

[ShawnK 82]

14 hours ago, tas005 said:

Congrats, I wanted to ask you a question, you could also Adjust status by visiting instead of L1 ? if someone has no option of L1 or TN visa, can someone adjust status while visiting when case is on AP?  is there any consequences for adjustment while doing on visit?

Also can we get TN easily if we apply, and when AP clear while working on TN , can we just go back to Canada and continue  Councillor Process like submitting passport and re medical. Or can we also adjust status while working on TN as well just like you did on L1. please guide in details. thank you

Hi

 

In terms of adjusting while visiting ..you can't go in with that intention, if they feel you came in with that plan they will refuse the i485.  Now people do, but it's only supposed to be if "circumstances changed". I'd talk to a lawyer about that. 

 

With TN, it's not a dual intent visa,  it is strictly temporary. When you apply for TN you can't have immigrant intent. You will need to show you will go back to Canada. It is up to the officer, but I think a TN would be hard to get with an immigrant visa in process.

 

When you apply for a TN they send you to the back where they can see your consular visa applications. If they see you have a immigrant visa in process,  they can conclude you won't come back. Again, it's up to the officer.

 

Now if you did get a TN, you can adjust, but I'd talk to a lawyer to be extra safe.

 

 

In terms of L1, it's flexible,  it is dual intent. It's ok to want to immigrate, it's ok to adjust when coming in on an L1. You can even use your approved I130 to adjust from an L1, you don't need an approved I140.

Edited October 14 by ShawnK

[appleblossom 2,446]

14 hours ago, tas005 said:

Congrats, I wanted to ask you a question, you could also Adjust status by visiting instead of L1 ? if someone has no option of L1 or TN visa, can someone adjust status while visiting when case is on AP?  is there any consequences for adjustment while doing on visit?

 

It's illegal to misrepresent yourself as a visitor upon entry if your actual intention is to adjust status and stay. So definitely don't do that, that's immigration fraud! 

[Sisa24 20]

17 hours ago, Coco_2023 said:

I hope I am wrong but this reads the ds-5535 (Administrative Processing) 

 

Montréal is getting innovative and sneaky lately since they've realized how notorious they've become after covid time... 

 

They've even recently put a small link at the bottom of the interview invite emails for those who are born in certain countries saying you need to fill out this online form (form.office.com which we all know what it is for) to provide 'additional information' prior to the interview without mentioning ds-5535!! 

 

That’s exactly what I got!! An office document that had no mention of ds5535. And when I asked the officer what it was, he said “oh we just need more information about you”!

[AY647 0]

3 minutes ago, Sisa24 said:

That’s exactly what I got!! An office document that had no mention of ds5535. And when I asked the officer what it was, he said “oh we just need more information about you”!

What was your timeline? Also did they keep your passport ? 

[Sisa24 20]

24 minutes ago, AY647 said:

What was your timeline? Also did they keep your passport ? 

My interview was January 24, 2024. AP since then. He returned my passport 

Edited October 14 by Sisa24

[AY647 0]

7 minutes ago, Sisa24 said:

My interview was January 24, 2024. AP since then. He returned my passport 

He kept my passport, also when I told him I’m concerned. He said “look I’m keeping your passport, no need to be worried” 

[Sisa24 20]

34 minutes ago, AY647 said:

He kept my passport, also when I told him I’m concerned. He said “look I’m keeping your passport, no need to be worried” 

I don’t think yours included ds5535. He would have told you to fill out the form. So hopefully you get approved soon 

[AY647 0]

So today I checked the case status, it still shows the case as refused but the last update was today October 15th. Interview was on October 10th, is this a good sign ?

[tdot2nj 71]

The big day has finally come! My status changed to issued today 🥳🎉 so excited to have my passport in hand and move to the US! 

[AY647 0]

3 minutes ago, tdot2nj said:

The big day has finally come! My status changed to issued today 🥳🎉 so excited to have my passport in hand and move to the US! 

Congrats, what’s your timeline ?

[tdot2nj 71]

1 hour ago, AY647 said:

Congrats, what’s your timeline ?

Thank you!! 
My timeline is: 

Applied: February 2022

Case approved by USCIS: March 31, 2023

Interview: Nov 28, 2023

DS5535 sent: Nov 28, 2023

Unsolicited updates: August 8, 13, 15 2024

Medical and passport request: Sept 25, 2024

Passport delivered: Oct 2, 2024

Medical delivered: Oct 8, 2023

Status changed to issued: Oct 15, 2024

[tas005 4]

On 10/3/2024 at 8:58 PM, tdot2nj said:

I would ask your congressman to reach out as I didnt hear back after 3 unsolicated updates and when my congressman reached out they asked for my passport same day. Might be a situation where the file is awaiting consular officer review. 

Hi many Congratulations,
 

We tried to reach congressman, and we got response that they will contact USCIS on our behalf, I was like our case is at Montreal consulate why contacting USCIS, and tried to explain them, and now waiting for their reply,

 

I want to know, when we request congressman, they contact directly to Montreal consulate or  they contact USCIS first, though we tried to explain them clearly about the whole case which is currently in AP. anyways, if they contact through email to Montreal consulate do they send an email to the same email address (montreal-iv-dv@state.gov) where we send for inquiry or they have any other way of inquiring, I am asking because if representative of congressman is unaware of the process then we can share this email address with them. Its been like more than 12 days we submitted request if they can inquire on our behalf, and still they have not done it. Please guide. Thank you