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

[Inveigh 69]

11 minutes ago, MTLaffectee said:

Hello everyone, I am new to this thread but my wife and I are in the same boat. My wife had her interview at the Montreal Consulate on October 6, 2023, and was refused a visa and asked to submit a DS-5535. We submitted the form on October 8, 2023. I engaged my congressperson at the beginning of November and that is the only time case status was updated. The office of the congressperson said that they could not help expedite administrative processing and could only inquire about the status on our behalf. 

 

I have not inquired about whether the Consulate has received our DS-5535 form or asked for any update since the interview (except through the office of the congressperson). I am sure I don't have to tell you all how frustrating this whole process has been and I found this thread last night and went through all 22 pages (it has not been very good for my mental health to say the least but all very helpful information). It is very frustrating to see the timelines shared by members here and just goes to show how broken our system is. I don't understand the purpose of the administrative process and the mystery surrounding it except that it is their way to slow down immigration. I apologize for rumbling and unloading my trauma here. We will see the end of it together. 

Hi @MTLaffectee and welcome to the club. If you want to see a full broken down timeline look at my most recent post. I am about to hit Month 10 and I really don't want others to make the same mistakes I did when Waiting / Filing a WOM. I know the consulate and countries are different but it seems like all outreach and legal action is followed by the same protocols in most DS-5535 / 221(G) AP cases for those that are waiting to clear.

 

The first thing I would advise for you to do though, is to email the consulate and ENSURE they actually got your wife's DS-5535 so that you aren't just sitting and waiting for nothing.

Edited February 23 by Inveigh

[MTLaffectee 45]

Hi @Inveigh, should I email this Canada.Visas@gdit-gss.com? or some other address for confirmation if they have received our DS-5535?

Edited February 23 by MTLaffectee

[CarmenD 150]

15 minutes ago, MTLaffectee said:

Hi @Inveigh, should I email this Canada.Visas@gdit-gss.com? or some other address for confirmation if they have received our DS-5535?

Hello, and welcome.  No, I made that mistake (incorrect email address).  Address email to Montreal-IV-DV@state.gov

[tdot2nj 71]

48 minutes ago, MTLaffectee said:

Hello everyone, I am new to this thread but my wife and I are in the same boat. My wife had her interview at the Montreal Consulate on October 6, 2023, and was refused a visa and asked to submit a DS-5535. We submitted the form on October 8, 2023. I engaged my congressperson at the beginning of November and that is the only time case status was updated. The office of the congressperson said that they could not help expedite administrative processing and could only inquire about the status on our behalf. 

 

I have not inquired about whether the Consulate has received our DS-5535 form or asked for any update since the interview (except through the office of the congressperson). I am sure I don't have to tell you all how frustrating this whole process has been and I found this thread last night and went through all 22 pages (it has not been very good for my mental health to say the least but all very helpful information). It is very frustrating to see the timelines shared by members here and just goes to show how broken our system is. I don't understand the purpose of the administrative process and the mystery surrounding it except that it is their way to slow down immigration. I apologize for rumbling and unloading my trauma here. We will see the end of it together. 

The constant scrolling around this is definitely not good for anyone’s mental health, and I find myself in the same boat as well. Today I saw a post on a Facebook group around the DS 5535 and someone from the Paris consulate said that they have been waiting for clearance for 17 months now. When you hear of news like that, it obviously does not make you feel any better, but we just have to be hopeful, and have some faith that it will all work out in the end.

[tdot2nj 71]

46 minutes ago, Inveigh said:

Hi @MTLaffectee and welcome to the club. If you want to see a full broken down timeline look at my most recent post. I am about to hit Month 10 and I really don't want others to make the same mistakes I did when Waiting / Filing a WOM. I know the consulate and countries are different but it seems like all outreach and legal action is followed by the same protocols in most DS-5535 / 221(G) AP cases for those that are waiting to clear.

 

The first thing I would advise for you to do though, is to email the consulate and ENSURE they actually got your wife's DS-5535 so that you aren't just sitting and waiting for nothing.

I don’t think it’s fair to say that WOM’s don’t work at all. Here is a recent post surrounding some successful cases from WOMs. Look up this article I don’t know why, but I’m unable to include the link “Tsunami of Judges Deny State Department’s Motions to Dismiss”

 

 

[CarmenD 150]

11 minutes ago, tdot2nj said:

I don’t think it’s fair to say that WOM’s don’t work at all. Here is a recent post surrounding some successful cases from WOMs. Look up this article I don’t know why, but I’m unable to include the link “Tsunami of Judges Deny State Department’s Motions to Dismiss”

 

 

 

13 minutes ago, tdot2nj said:

I don’t think it’s fair to say that WOM’s don’t work at all. Here is a recent post surrounding some successful cases from WOMs. Look up this article I don’t know why, but I’m unable to include the link “Tsunami of Judges Deny State Department’s Motions to Dismiss”

 

 

https://redeaglelaw.com/blog-1/f/tsunami-of-judges-deny-state-department’s-motions-to-dismiss

[Superluminal 146]

35 minutes ago, CarmenD said:

 

https://redeaglelaw.com/blog-1/f/tsunami-of-judges-deny-state-department’s-motions-to-dismiss

I would be skeptical about the opinion of a lawfirm who provides WoMs as a service to be bias free about the efficacy of WoMs.

[CarmenD 150]

5 minutes ago, Superluminal said:

I would be skeptical about the opinion of a lawfirm who provides WoMs as a service to be bias free about the efficacy of WoMs.

No question.  Not 100% unbiased. The blog does not constitute merely an opinion; it does provide detail as to each case, plus I was merely posting the link.  

[tdot2nj 71]

20 minutes ago, Superluminal said:

I would be skeptical about the opinion of a lawfirm who provides WoMs as a service to be bias free about the efficacy of WoMs.

But then we can also say the same about people who had a bad experience with a WOM, in comparison to the ones that had a good experience with it. They also have a bias as well.

[mam521 2,025]

2 hours ago, CarmenD said:

The dates are fairly accurate, but the Locations are not.  It shows the FAA airport identifiers, but “427” is where?, plus arrival at “LEW” (Auburn, Maine) is definitely incorrect; so beware 

You'd have to look up the code for 427, but LEW is for Lewiston, NY.  Guessing they are potentially land crossings.  You guys will know better.  

 

Edit to add - looks like 427 is Niagara Falls. 

Edited February 23 by mam521

[CarmenD 150]

8 minutes ago, mam521 said:

You'd have to look up the code for 427, but LEW is for Lewiston, NY.  Guessing they are potentially land crossings.  You guys will know better.  

You are absolute correct about LEW being a border land crossing.  I looked up the FAA airport identifier instead .. my bad.  427 is the Port Code for the Niagara Falls/Queenston-Lewiston Bridge.  Thanks for the lesson 👍🏻👍🏻

24 minutes ago, tdot2nj said:

But then we can also say the same about people who had a bad experience with a WOM, in comparison to the ones that had a good experience with it. They also have a bias as well.

Valid point 👍🏻👍🏻

[Daft_Cat 136]

1 hour ago, tdot2nj said:

But then we can also say the same about people who had a bad experience with a WOM, in comparison to the ones that had a good experience with it. They also have a bias as well.

While everyone will naturally favor their own bias, there are some incontrovertible facts around WOMs that should be taken into careful consideration. 

Ultimately it's a game of expectations. A year ago, a WOM was a silver bullet - particularly for those who had been waiting longer than 6 months. More often than not the consulate would issue the visa just to avoid the hassle. This is no longer true. Filing a motion to dismiss has become the State Department's first line of defense. They're the norm for almost all cases, regardless of time in the queue, and they pose significant procedural delays.

Keep in mind that even if a judge ultimately sides with the applicant (and it can take time to get that decision issued), the case then moves into adjudication where it can take months to get a spot on the calendar. What this means (aside from additional cost) is that for applicants that have been waiting a long time already, it's increasingly likely that your spot in the AP queue will arrive before your WOM bears fruit (if it does at all). And for applicants that are tricked into filing way too early by over-eager attorneys, the reality is that most judges (even liberal ones) are probably going to side with the State Department and dismiss the case outright, essentially wasting what might have ended up being a useful legal tool down the road.

 

It's a tricky situation, and I'm not sure what the value of a WOM is at this point outside of the more extreme cases (e.g. clients that have been waiting a year+ with no case updates and genuinely have no idea what is going on). 

Edited February 23 by Daft_Cat

[APRIL2023 59]

23 hours ago, CarmenD said:

Thank you.  Not holding my breath for further follow-up from the Consulate 

This is an automatic response. You might or might not get a follow-up email response. Unless you have a specific question that requires special instructions(ie other than general inquiry on status update), you will most likely like another templates response 

[CarmenD 150]

7 minutes ago, APRIL2023 said:

This is an automatic response. You might or might not get a follow-up email response. Unless you have a specific question that requires special instructions(ie other than general inquiry on status update), you will most likely like another templates response 

Thanks.  I’ll keep following up with polite inquiries.  I’ve yet to ask for confirmation on receipt of DS-5535 at the Consulate 😆 

[Crazy Cat 41,611]

***One comment bordering on violation of  the Terms of Service removed***

 

Edited February 23 by Crazy Cat