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EternalWait

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Everything posted by EternalWait

  1. Yep I am ROW with PD March 3,2022. Has been current for more than a year now (retrogressed for like a few months back in early 2023). I have reached out to NVC with absolutely no response. They just say: inquiry is under review. Last one I submitted was a month ago! I have given up hopes on them, and trying my luck this time by asking the Consulate directly if they can give me an expedited appointment. All of this has been a massive waste of my time (let alone all the stress and frustration) and so obviously unnecessary if NVC had done their job ...
  2. I see. This is strange. But I didn't get it last time either. Got it April 28th though . Please let me know if you happen to receive it in the next few days 🙏 (your case seems to be current as well, and has been current since June. So it's weird. I have been current for more than a year now (I retrogressed last year, I am ROW)).
  3. So you got it today, right? Mine is December 2022. Don't know why I wasn't invited last time.
  4. Hey Everyone, Has anyone received the 60-days notification email from NVC today (which says you are in queue with DQ date XX-XXX-XXXX)? I didn't get it and am kind of worried.
  5. Never inform NVC of changes such as new passport to your case, or even if it is a newborn/spouse/etc! That would reset your DQ date which could mean years more waiting. NVC states on its website that you can let the consular officer know about it during the interview, or if the consulate does it (MTL apparently doesn't do it), email directly the consulate and ask them to open DS260 after receiving the IL. But you are past that stage, so don't worry about it
  6. I am EB2 actually, so not in the EB3 purgatory. PD is March 2022.
  7. I think the consulate/NVC saw my last post here criticizing them and decided to quite literally jump over me 🤣 December 2022 DQ, still going strong! 💪
  8. I have been on this thread for the past 19+ months ... I could write a thesis on how much MTL has done it wrong . Words cannot describe my frustration at them and how much this has altered our course of life and career ... But to add to what the poster above said in response, it is really not the IR/CR category numerical limitation thing... You look at the EB backlogs of pretty much all embassies out there, and it's just completely different. MTL stands out uniquely in how it massively prioritized the IR/CR/F backlog and completely neglected EBs, which made everything so lopsided that EBs like myself, who are current (visa available), are still waiting after 19 months of being DQ'ed, while the IRs get invited after like 4 months (good for them btw, I think everyone should get treated like this)!!! So yeah ... Despite them having so many EB people in their backlog who are current and waiting for an interview for so long, they are just sitting and not inviting, or inviting so damn irregularly that you suddenly get invited with those who filed like 6-7 months after you! I would like to ask them one day, if they finally invite me, "why did you do this!?!?!?" Of course I don't expect a response, because there isn't any, other than sheer incompetence, negligence, and/or just simply showing no care at all for our category, the very category that has the most benefit to the national (esp. economic) interests of the US.
  9. Just to confirm, you had a TN visa @Matt77? and you were denied entry at the land border (or was it airport) after you got AP'ed? If so, may I ask which one?
  10. That's a very weird requirement. I hope this can be waived in your (exceptional) case.
  11. There is no issue in providing the PCC at the interview, or even later. In the latter case, the officer will just 'refuse' your application until you submit the PCC (you will have to mail it to the embassy after the interview asap). Once that's processed, you will get the visa issued. (not having all the docs at the interview is sth that happens to a lot of people, so don't worry)
  12. What's your DQ date? If it's before Dec 2022 and you are in no hurry to get to the US (like waiting 5 months or so is fine), then you should contact the Mumbai embassy directly to transfer to Montreal. Otherwise, I would strongly suggest you to go to the interview, because Montreal is notoriously slow and quite infamous in sending cases with a variety of nationalities to un-ending administrative processing (basically it's the worst place for EB2s).
  13. Yes, a few EBs in November and some in December 2022 DQs just got their IL. @Alex Nzo@ImanRS @neds@Wcr984 Did you receive yours?
  14. Actually as far as November 2, 2022 have been called (not expedited), though this is not from this forum and is anecdotal.
  15. If you did that, then your DQ date was reset to the date you entered the new info. Notice that you did not need to do that and lose your spot in the queue. You can always add a new derivative after being invited to the interview by contacting the embassy/consulate https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview/appointment.html#int12 " Can I include my children if they were not originally part of the case? If the visa for which you are applying allows derivative children, your unmarried children under the age of 21 may be added as derivative applicants after your interview has been scheduled. You must directly contact the embassy/consulate to request specific instructions. At the interview the added applicant(s) will be required to pay the same fees, and submit the same forms and supporting documents as the original applicant(s)."
  16. That was for the last month batch. I am talking about recent (the last few days). I got the news through other social media groups. Trying to verify it here with others.
  17. Sorry for @-ing too many people but : @Mano001@Hannahblue13@KO7@xpei.1983@LAB_BD@neds Have you received an interview letter from Montreal recently? Just checking in since apparently they sent out a batch of invites spanning a few months of DQs up to October 2022, and your DQ dates are close to or actually in that range. 🙏
  18. I should have perhaps clarified (don't remember if this was already in my answer) that the nonimmigrant status can not be that of a visitor before filing for AOS. Although ... there is a way to do even that (see the link I sent), but it is only accepted in exceptional circumstances, e.g. if you can show real undue hardship if you were to return to your country. So forget about it unless that applies to you.
  19. Yes, having an approved petition is not proof of intent. But I would caution that immigration intent is made once you have paid the IV fee and have created your IV case at NVC. However, as it has been said before, even then, there is an argument for nonimmigrant intent that one can make: having a pending interview actually illustrates your intent to return to Canada once you are called for interview, therefore a factor that should be viewed as pushing you to leave the US (esp. once your nonimmigrant visa expires). @Froozion: related to your question: there are people who have even been AP'ed and then have applied for TN at the land border and have been able to enter the US. It's all a matter of convincing the officer at the land border that your nonimmigrant intent is genuine by reminding them that you will return to Canada if your AP clears and more importantly, that your ties to Canada compel you to return once the TN visa is over (you've not sold your house, you have immediate family members in Canada, or that for example you will be working for the same company but in their US branch, etc.).
  20. Your nonimmigrant status in the US is not cancelled as a result of getting AP'ed in MTL for your IVP. It is likely that when you try to reenter the US on your nonimmigrant visa the border officer asks you some (more) questions, but that's about it.
  21. Some fascinating insights into the DS5535 vetting process: https://redeaglelaw.com/blog-1/f/administrative-processing-backlog-of-66000-visa-applicants : 1- "Among the revelations from the declaration, only 37 State Department analysts are responsible for the national security vetting of DS-5535 responses, causing a backlog to explode. Currently, 66,000 visa applicants are stuck in administrative processing." 2- "Secondly, Mr. Wu declares that “SAO requests can be neither addressed nor resolved in a first-in-first-out basis.” This revelation exposes the lie that government attorneys have been consistently telling federal judges across the US: that visa applicants in AP who are filing mandamus lawsuits are attempting line-skipping in front of others in a queue or line. There is no queue." 3- "generally, security vetting is concluded in 75 percent of visa cases requiring additional security vetting in approximately 120 days. Security vetting is concluded in over 90 percent of all cases requiring additional security vetting in less than 24 months." I encourage ppl to read the report in its entirety.
  22. If there's nothing in Canada for you that forces you to stay, and eventually you want to move to the States, then I'd suggest you move to the States, even if it is with a nonimmigrant visa, so long as that visa allows you to continue the work in your field of expertise. When you are getting interviewed for the visa, ensure to prove your genuine nonimmigrant intent and point out that you have filed for consular processing, hence you will return to Canada once you are called for interview. There is a chance your visa application gets rejected, but I know people who have been able to obtain nonimmigrant visa while being in the consular processing phase of their immigrant visa application (some even post-interview, in their administrative processing, although they got lucky there!). Once you enter the US, you will at least be able to live in the US until MTL calls you for interview. In fact, if a long enough time has passed and you believe that you can no longer wait for MTL, you can file for AOS. Simply because you entered with a nonimmigrant visa does not mean you can never file for AOS. If that were the case, pretty much everyone in the US that obtained a greencard would be caught for fraud. The test is whether enough time has passed that would justify a change of the original intent. For example, consider the many students in the US who are on a nonimmigrant F1 visa finishing their PhD and file for AOS around their fourth or fifth year of study. Did they commit fraud? You would say no, because even though their original intent was that of a nonimmigrant, enough time has passed that makes sense for them to change their intent. But then what is enough? Four years? what about three or two or one ? Who determines the exact definition of "enough"? The answer is the government and in this case, the USCIS . The USCIS has long had the 30-60 day guidance in place, and more recently replaced it with a 90 day. Basically if the applicant files for AOS less than 90days of declaring nonimmigrant intent, there's a presumption of immigration fraud, which the applicant must overcome (by for example providing evidence that their situation has changed). If it's more than 90 days, then the guidance leaves it to the officer whether to not do anything or to ask for more evidence from the applicant to justify their change of intent. Here is a reference on that, but a quick google can give you more info of course: https://www.lawfirm4immigrants.com/the-90-day-rule-explained/ Again, to be absolutely clear, you will need to enter the US with an intent to return to Canada for consular processing, so your nonimmigration intent must be genuine. If a long enough time has passed that you believe warrants a change of intent, and that you have enough evidence for it, then AOS is a legitimate option to explore. But do contact lawyers, esp. those who are more familiar with cases that file AOS for family applicants that are more likely to be in a similar situation.
  23. @Nikki2023 Hi Yes I transferred a bit more than a year ago. No I haven't gotten it yet, but I expect it in the next batch or so. I will DM you.
  24. In case anyone has trouble accessing the website, a VPN-based connection routing through a US-based server fixes this. This is a US government website, that's probably why there's such a restriction on foreign IPs.
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