ShawnK
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Everything posted by ShawnK
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He absolutely won't be billed a dime for simply activating an immigrant visa. I see a lot of silly posts on this topic. I would advise to consult a tax expert before declaring yourself a non resident. But no, a simple activation will not result in that.
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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.
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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.
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Just to update, i got my GC. I was stuck in the ds5535 mess since April 2023, however, I was able to move to the US with an L1 this spring. At the border they didn't care or ask me about the ds5535. I filed for AOS in the US and received my GC in about 4 months (spousal). Ceac still shows refused. The whole thing is very odd. I would have thought USCIS would have informed them because they ask and can obviously see your consular case. In the AOS application I wrote an explanation about what happened and the whole admin processing thing. Do I need to email Montreal and tell them to close the case?
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Update: IR1, April 2023 interview, no responses or updates from Montreal, ceac only updated when I emailed them. No TAL case, nor do I work in anything related to those things . No odd travel history, only went to typical Canadian favored tourist places, Cancun, Florida...places we go to to escape our horrid winters. No arrests or anything like that. No dual citizenship. Emails in the last 3 months received no responses from Montreal, no updates to ceac. Silence. To update friends here, as some other users have mentioned (a huge privilege and perk for Canadians), I too recently obtained a dual intent working visa (L class B) at the border and am now working in the United States. I consulted with 3 lawyers, all said there will be no issues with adjusting. L class provides that privilege. I literally walked in and completed my medical on Saturday and will file everything this week, I485. When applying for my L visa I was sent to secondary where the officer asked about my IR1, I simply said "it went to admin processing". He said "he needed to check a few things". He made a few calls and called me up and said it looks like "they are working on additional documents, but I have no security concerns about you". Big relief and I wanted to give the guy a hug and scream for joy, but kept my mouth shut and simply said thank you. Had to pay a fee and then ran off to my flight, which I almost missed. I kept looking back thinking they would come drag me off the plane. It was surreal to be reunited with my spouse and little kids. This process really breaks you. I've been nothing but a law abiding person my whole life. Never got into any trouble , always avoided even discussing politics or doing anything controversial. I'm going to adjust here in the US and not waste anymore time with Montreal. I'm happy to stay and work in the US, the visa is valid for 3 years. I know the mods don't want to derail this thread with AOS talk, so sorry for that, just wanted to update fellow ds5535 folks. I wish you guys all the best.
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Good post, so I guess, if you didn't have travel plans around Sep, you would have been issued 2 months ago (as you had a voluntary 2 month delay). The sad thing is that we can only dream about getting a medical request after 10 months, us early 2023 people seem to be getting the worst of it. But oh well, what can you do, I agree for mental health it isn't good to keep coming here. You just have to accept you aren't going to the US until they want you to and hope that your application/Ds5535 isn't lost somewhere, as they will never say anything -as they couldn't care less.
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Yes, that's the dreaded ds5535. It used to be via email, now it's a form. The purpose is to conduct a security related background check. Unfortunately not much you can do but wait. You can file a lawsuit after 6-12 months, costs $5500-$7k, not as effective as it was a year ago. You have to fill it out and wait......unfortunately the wait can be long, 9- 14 months. We still have Feb 2023 people waiting. Do you or your spouse have any ties or extensive travel to any country that may be considered problematic?
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Fingers crossed for you man, hopefully you get that sweet beautiful email asking for a medical. I started shaking just thinking about it.
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I'm very sorry. We have people (by people I mean those issued Ds5535 in Montreal) here from Feb 2023 who still haven't cleared, the last members to clear were Jan 2023 people who cleared around Dec 2023. We are now anxiously waiting for our Feb 2023 Ds5535 Montreal folks to get updates. Right now it seems to take one year to clear the Ds5535 and get an update for a new medical. A few people did clear much faster but that seems to be rare. We don't even know if one year is enough or if it will get worse. In terms of WOM, please budget extra funds to respond to a motion to dismiss as in 95% of these cases the government is fighting back and trying to dismiss the cases. I wish I had better news. The US government seems to really enjoy punishing people who marry Americans, or Americans who marry foreigners. They seem to get some sort of joy by separating parents from their children. It's a nightmare.
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It will eventually but it could take 5 years or 10? They have not passed any meaningful immigration reform since 97. Right now this issue is getting zero media attention. No one has any sympathy for legal immigrants waiting patiently in line, even the advocats don't seem to care about us. All the sympathy is for those crossing in , who have paid smugglers, they are the media darlings.
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Recently USCIS has really sped up processing I-485 s and EAD/APcards, if you look on reddit people getting cleared in 2-4 months. If you are in the US with an approved I130 you might want to consider that route. Talk to a lawyer. I was in the US and was advised by a lawyer that it's OK to genuinely change your mind after you enter, it's only fraud to enter with that intent and then do it. You have to have a genuine explanation, and the severe delays with Momtreal Ds5535 processing is genuine. You just have to remain in the US until they send you your advanced parole card. But again, on reddit, I see people moving fast (2-4 months). You can withdraw your application with Montreal with a simple letter. Something to consider now that it seems they will no longer process these cases anytime soon(we have seen only 2 Ds5535 cases from Jan get updates in October). People have families and lives, can't stay apart forever.
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Those organic unsolicited rapid updates are them working on your case as your clearances come in. Rapid updates a day or two apart , 2, 3 in a row are very good news when they occur a while after you send them your documents. You didn't get a DS5535, God gave you a high five, so thank him. Cv checks don't take as long. Email them every two weeks or so to follow up, you should clear soon.
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You are about to clear, any day now.
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I think what gets to me, is after a while you start to worry if they've confused you for someone really bad. The problem is, if they have, they will NEVER tell you or ask you to clarify. If they've lost your files or missed your ds5535, they will never say anything. They can, as they argue, keep you in this FOREVER and you must accept it and consider yourself refused. I would rather just get a final decision at this point. It's torture. I know most Canadians are kind of always smug and sneering when it comes to the US (the less popular brother syndrome) but I've always defended the country and considered it the best Earth and humanity can offer. However, there does seem to be an utterly psychotic torturous dysfunctional side to the country, the insane indifferent bureaucracy. The maddening nonsensical rules (you are such a threat you need a 1 year background check, but free to visit??). Canada might suck but Canadian immigration is much more freindly and responsive, more humane. Some people are trying to plan families, biological clocks are ticking. None of us getting any younger, and life is passing by. All people are asking for is a decision, give a yes or a no, if no , explain why and allow the person to respond. I would expect that from the greatest country with the most iconic constitution.
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What is the harm in sending them your RCMP certificate? They are valid for 2 years, and you should be very close to hearing back. One less thing they'll need.
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Wish you better luck than me, I found Senators/Congressmen were totally useless. All they do is get some aid to send an email , that aid gets the same template response we do. Totally useless system. As of right now there is no quick relief from this process, mandamus -the previous nuclear option, no longer moves quickly. The DOS will fight them to discourage people from filing. They get dismissed and take many months to fight. You need to be prepared for a MTD and budget to respond that. Most lawyers no longer want to even try if you haven't waited 6 months to a year. I'm sorry, but for most getting DS5535, your are SOL.
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@Cadtoverm Just curious and to help any potential lurkers anticipate and get mentally prepared for their own DS5535, do you or your spouse, your parents, have any ties to the Middle East, South/Central Asia (the Stans) Africa, Eastern Europe/RUSSIA, China, Latin/Central/South America? I think if someone or his/her spouse or parents, has any ties to any of these places, a DS5535 is more likely.
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Recently this was rejected by the courts in Canada, so now ,a Canadian child born abroad can pass on Canadian citizenship.
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Smart move. About 1.5 months ahead of you and truly hoping you hear something soon. I think if one hears nothing after 12/13 months , WOM may be the way to go, the only way to potentially avoid an endless hole. Biff Tanen might be coming back, so it would be a good idea to get this sorted before that.
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What did you decide to do? Fighting back or waiting it out, since in theory, you should be close.
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Anyone can get it , much higher risk if tied to the 7 countries that were part of travel ban or list of "26". People from Iran almost always will get it. Every lawyer I spoke to said they profile based on ancestory/place of birth/religion etc..Goldstein, Hacking,PIC all confirmed this. On our tracker, where is the baby? I don't think there is any baby on that tracker. Even they aren't silly enough to keep a baby in Ds5535 for a year.
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As per list Jan 2023 are all done. Feb should hopefully hear soon. Well if you were born there, they would still do it.
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It is , but.it is much more likely if you are from Iran or Somalia vs say Iceland or Norway. Iranians will almost always get it. My anecdote, on the day of my interview, a few of us IRs ,there.. the only two who walked away all clear were the old stock Canadian folks. They 100% profile, all lawyers I have consulted with told me this.
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Yes that will do it, that part of the world has a complex history. Anything that ties you to any place not rooted in NW Europe/British Isles or Japan/South Korea..can cause delays. To be fair anyone can get a DS5535, but in general, would be far less likely for some Dutch guy (ethnic Dutch).
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Technology alert list. I'm sorry, I hope you don't mind, but do you have a non NW European origin? Basically not "old stock" Canadian, every lawyer I spoke to, ..said that greatly increases risk for 5535. Obviously they will never admit to that. BTW sorry you are facing this.
