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

[zero1331 8]

6 minutes ago, CarmenD said:

Good to learn!  Which state/congressional district?  and yes, Correct .. just like chicken soup, it can’t hurt

How did you start the proscess?

[CarmenD 150]

4 minutes ago, zero1331 said:

How did you start the process?

You need to figure out who the congressional district representative in the state where your sponsor/USC resides.  Review the congressperson’s website for instructions on how to contact it for assistance (help with a federal agency).  You may be required to complete/sign and return an authorization/privacy release form

[cala2023 70]

I had my senator contact them about 4 months into AP and he received a very specific response from Montreal stating that there is nothing they can do to intervene. The exact wording was along the lines of: no elected official may appear to influence a visa decision. 

[CarmenD 150]

8 minutes ago, cala2023 said:

I had my senator contact them about 4 months into AP and he received a very specific response from Montreal stating that there is nothing they can do to intervene. The exact wording was along the lines of: no elected official may appear to influence a visa decision. 

Same here.  Two Congressional Inquiries.  Standard response (refused, in AP, etc) we get, is what they get

[zero1331 8]

typical    does anyone have any idea of the risk of filing the WOM?   to my understanding the consulate vs state side embassies   have less authority to deny someone and need a good reason.      has anyone heard or know about switching your case over to a state side embassy?   I have thought about leaving on a student/ work, visitor visa till this is resolved.  I have far larger support network and greater stability there.   it is not practical to stay in Canada, especially over winter. 

[anotherstuckinap 5]

30 minutes ago, zero1331 said:

typical    does anyone have any idea of the risk of filing the WOM?   to my understanding the consulate vs state side embassies   have less authority to deny someone and need a good reason.      has anyone heard or know about switching your case over to a state side embassy?   I have thought about leaving on a student/ work, visitor visa till this is resolved.  I have far larger support network and greater stability there.   it is not practical to stay in Canada, especially over winter. 

Risk of filing the WoM: It doesn't force the consulate or the Department of State to approve your application - only to make a decision. That being said, generally the only real risk associated with it is that a significant amount of time needs to have lapsed prior to filing it or you're very likely to lose in court. The Department of State has people from the U.S. Attorneys Office fighting the majority of these lawsuits. The longer you wait, the stronger your lawsuit.

 

In terms of the standards for denial:

• Both USCIS and consular officers need valid and substantial reasons to deny a marriage-based green card application. These reasons must be grounded in U.S. immigration laws and regulations.
• USCIS tends to have a more structured process with formal denials and the possibility of appeals or motions to reopen/reconsider.
• Consular officers have broad discretion and their decisions can be more difficult to appeal. A visa denial at a consulate typically requires the applicant to address the specific reasons for denial and potentially reapply.

In summary, while both agencies must have valid reasons for denial, the processes and authorities differ. USCIS operates under a more formalized process with opportunities for appeals, while consular decisions are discretionary and generally more final.

 

There is also the note of dual intention: You're not meant to travel to the United States on a non-immigrant visa and have the intention of applying for an Adjustment of Status to stay.

"You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option.

It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista)" - See General FAQ for AoS: https://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

[zero1331 8]

5 minutes ago, anotherstuckinap said:

Risk of filing the WoM: It doesn't force the consulate or the Department of State to approve your application - only to make a decision. That being said, generally the only real risk associated with it is that a significant amount of time needs to have lapsed prior to filing it or you're very likely to lose in court. The Department of State has people from the U.S. Attorneys Office fighting the majority of these lawsuits. The longer you wait, the stronger your lawsuit.

 

In terms of the standards for denial:

• Both USCIS and consular officers need valid and substantial reasons to deny a marriage-based green card application. These reasons must be grounded in U.S. immigration laws and regulations.
• USCIS tends to have a more structured process with formal denials and the possibility of appeals or motions to reopen/reconsider.
• Consular officers have broad discretion and their decisions can be more difficult to appeal. A visa denial at a consulate typically requires the applicant to address the specific reasons for denial and potentially reapply.

In summary, while both agencies must have valid reasons for denial, the processes and authorities differ. USCIS operates under a more formalized process with opportunities for appeals, while consular decisions are discretionary and generally more final.

 

There is also the note of dual intention: You're not meant to travel to the United States on a non-immigrant visa and have the intention of applying for an Adjustment of Status to stay.

"You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option.

It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista)" - See General FAQ for AoS: https://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

I see so when you state a counselor officers answer is more discretionary, do you mean it is more subjective to their opinion?   so if they feel off they can deny and make up some excuse?  leading to a hard time to appeal?   

 my attorney advised me to answer in a specific way when it came to a specific question, which i did; however, I don't believe it satisfied her as my answer did not actually give any information about the situation at all. everything she needed to know was in the legal documents.

 what you say makes sense with the AOS     I was actually advised that by another attorney when i was shopping at the beginning of this whole process. sort of wish i did.   would probably have my GC by now.

[anotherstuckinap 5]

15 minutes ago, zero1331 said:

I see so when you state a counselor officers answer is more discretionary, do you mean it is more subjective to their opinion?   so if they feel off they can deny and make up some excuse?  leading to a hard time to appeal?   

 my attorney advised me to answer in a specific way when it came to a specific question, which i did; however, I don't believe it satisfied her as my answer did not actually give any information about the situation at all. everything she needed to know was in the legal documents.

 what you say makes sense with the AOS     I was actually advised that by another attorney when i was shopping at the beginning of this whole process. sort of wish i did.   would probably have my GC by now.

The AOS is generally faster now, and less of a hassle.

 

But yeah, from what I understand, the consular officers have more discretion and have more weight on their opinion.

 

I believe they still need a reason for denial, though. I don't think they're 'out to get people' and follow general guidelines - and need a legitimate reason to support a denial that could be appealed.

[Audra Rose 4]

4 hours ago, CarmenD said:

Good to learn!  Which state/congressional district?  and yes, Correct .. just like chicken soup, it can’t hurt

Utah in Utah County which is the reddest red that ever did red. 

 

I wonder if it's because it's an election year. 😅

[Audra Rose 4]

4 hours ago, zero1331 said:

How did you start the proscess?

I just looked up who the Congressman was for my area and wrote an email. An intern replied after 5 days.

[Admitt 18]

On 7/17/2024 at 2:49 PM, LYV said:

@Admitt Have you not received your passport back from the embassy yet? It says on the tracker you sent it late May.

Hey so great news got my passport back on Thursday and crossed over and got it confirmed over the weekend!

 

[ken5535karma 16]

On 7/17/2024 at 4:20 PM, sikeDS-5535dbyMTL said:

Alright folks, final update as promised!

 

Officially crossed over today, July 17th on an IR1 (airport crossing). No secondary required, was amazed that I only had to stay at the counter for all of maybe 5 mins until I got a "congratulations, welcome to the US" response from the border agent.

 

- Jan 30, 2024 interview with 221g DS 5535 refusal.

- Filed WOM June 5, 2024, defendants served June 21, 2024

- Passport requested back July 2 - flew to Montreal to hand deliver passport on the 5th. I had a back and forth email exchange with them the 3rd letting them know I was coming in person on the 5th. - Showed up first thing at 730am and came back to retrieve passport at noon same day.

 

Do I think my WOM played a factor? Yes, and I don't regret spending the money one bit. 
 

I wish the best of luck to everyone! 

 

Send you a dm, do you think you can help me out with some more details?

[BasitJeffries 0]

Hi everyone,

 

I just crossed 15 months under DS-5535.

 

Emails I send to the embassy receive generic responses (case is still pending). The same thing with Congressional inquiries. 

 

Being at the 15 month mark, I'm now ready to file a mandamus lawsuit. (We know it could be risking money, but we're willing to take it) 

 

My spouse is a resident of California, and I've read anecdotally that filing a mandamus in California *could* be better than other States. 

 

With that being said, I'm really not sure which lawyer to use for my mandamus lawsuit. I did some research about 10 months ago, but my information may be outdated.

 

Who are people recommending these days for mandamus lawsuits?

 

I have a list of lawyers below, but I'm not sure if my list is outdated or if there are any other good lawyers I could be missing out on:

 

Not in any particular order

 

• Red Eagle Law, L.C.
• Nimer Law (Jennifer Nimer)
• Joshua Goldstein (JGoldLaw)
• Palladino, Isbell & Casazza, LLC (Chris) Christopher Casazza
• Ting Law Group 
• Rafael Urena 

 

Thanks

[anotherstuckinap 5]

13 hours ago, BasitJeffries said:

Hi everyone,

 

I just crossed 15 months under DS-5535.

 

Emails I send to the embassy receive generic responses (case is still pending). The same thing with Congressional inquiries. 

 

Being at the 15 month mark, I'm now ready to file a mandamus lawsuit. (We know it could be risking money, but we're willing to take it) 

 

My spouse is a resident of California, and I've read anecdotally that filing a mandamus in California *could* be better than other States. 

 

With that being said, I'm really not sure which lawyer to use for my mandamus lawsuit. I did some research about 10 months ago, but my information may be outdated.

 

Who are people recommending these days for mandamus lawsuits?

 

I have a list of lawyers below, but I'm not sure if my list is outdated or if there are any other good lawyers I could be missing out on:

 

Not in any particular order

 

• Red Eagle Law, L.C.
• Nimer Law (Jennifer Nimer)
• Joshua Goldstein (JGoldLaw)
• Palladino, Isbell & Casazza, LLC (Chris) Christopher Casazza
• Ting Law Group 
• Rafael Urena 

 

Thanks

I believe you're right about jurisdiction.

 

Another person who has a significant amount of experience is Jesse Bless from Bless Litigation: https://blesslitigation.com/

 

I'm not really sure how, but he's the one responsible for getting those statements from Carson Wu in regards to how the process works due to litigation.

 

All of the people you suggested should be great. Chris Casazza is fantastic from PIC Law.

[Canucklehead 102]

On 7/23/2024 at 10:23 PM, BasitJeffries said:

Hi everyone,

 

I just crossed 15 months under DS-5535.

 

Emails I send to the embassy receive generic responses (case is still pending). The same thing with Congressional inquiries. 

 

Being at the 15 month mark, I'm now ready to file a mandamus lawsuit. (We know it could be risking money, but we're willing to take it) 

 

My spouse is a resident of California, and I've read anecdotally that filing a mandamus in California *could* be better than other States. 

 

With that being said, I'm really not sure which lawyer to use for my mandamus lawsuit. I did some research about 10 months ago, but my information may be outdated.

 

Who are people recommending these days for mandamus lawsuits?

 

I have a list of lawyers below, but I'm not sure if my list is outdated or if there are any other good lawyers I could be missing out on:

 

Not in any particular order

 

• Red Eagle Law, L.C.
• Nimer Law (Jennifer Nimer)
• Joshua Goldstein (JGoldLaw)
• Palladino, Isbell & Casazza, LLC (Chris) Christopher Casazza
• Ting Law Group 
• Rafael Urena 

 

Thanks

Hey there, sorry to hear how long you have been waiting! I interviewed in Feb 2023 and submitted documents in March 2023. I just received my tracking number so my passport is finally officially on the way!

 

In all, I waited about 16 months to hear back that my visa had been issued. I understand you must be super frustrated, however at this timeline your WOM may take just as long as USCIS takes to issue your visa. From being on here for a long time, it seems like people like myself and @Irish89 to name a few have been hearing positive news and 16 months has been the longest it's taken to hear back. 

 

Obviously this decision comes down to you, but just food for thought.

Edited July 25 by Canucklehead