CondorMantis
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CondorMantis reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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CondorMantis reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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My Chinese colleague told me that almost all chinese H1B applicants need to go through admin processing. It typically takes 4 to 6 weeks to be processed in China. Who knows if it is Mantis or something else though.
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This sounds like a Mantis Security Advisory Opinion, which typically gets cleared way faster than DS-5535 related vetting.
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I don't know what version of the DS-5535 you got, but the social media question they ask is: "Please provide your unique user name for any websites or applications you have used to create or share content (photos, videos, status updates, etc.) as part of a public profile within the last five (5) years." So, I personally wouldn't worry about some old/private/deactivated accounts. FWIW, some immigration attorneys even question whether there is any serious vetting and investigation that they do following the DS-5535 submission, they wouldn't give clearances just to avoid dealing with lawsuits if that was the case. Just an opinion. This process is a blackhole and I am just guessing here.
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I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application. H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa
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I was given the same advise by an immigration lawyer Will your IV application be considered abandoned/withdrawn? I heard conflicting opinions about that. Also, there is a section in the I-485 that asks about previous IV refusals and denials, what did you say there?
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CondorMantis reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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I just got a response from a different immigration attorney and was told that by filing for AOS, my immigrant visa will be considered withdrawn. It is confusing when two lawyers give contradicting information.
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Has anyone considered filing for adjustment of status I-485 while their IV is stuck is AP/DS-5535? I was told by a lawyer that will not lead to withdrawing your immigrant visa application
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CondorMantis reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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CondorMantis reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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I hope your case will start moving before the deadline. Would you mind sharing the name of the lawyer you worked with? I contacted a few and I want to go with Curtis Morrison for now, he charges an additional $1000 to fight the motion to dismiss.
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I hope your WOM retainer agreement with your lawyer includes fighting the motion to dismiss if it happens, there has been several court orders denying motions to dismiss, including one in Pennsylvania https://redeaglelaw.com/blog-1/f/tsunami-of-judges-deny-state-department’s-motions-to-dismiss
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CondorMantis reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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Not necessarily, I had a consultation with Hacking and Goldstein and they both told me the flat fee includes fighting the Motion to Dismiss if it happens.
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I just want to add that fighting the motion to dismiss is not pointless for AP mandamus, the judge might rule in your favor. I was informed by a litigation attorney that he had 3 orders denying government’s motion to dismiss for AP.
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CondorMantis reacted to a post in a topic:
DS-5535 and Administrative Processing after K1 Visa Interview. What's next?
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CondorMantis reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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Inveigh reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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Irish89 reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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I had a consultation with Goldstein Immigration, I expressed my skepticism about the current effectiveness of consular-related WOM, and I was told that they increased the wait-time for 221g/DS-5535 refusals from 2 months to 4 months for employment based IV because of the recent increase in dismissals (since around June). Their guidelines might be different for other visa categories, mine is EB2-NIW. I also spoke to Hacking and expressed the same concerns, and was told that most dismissals are for people who haven't had their interview yet. Not sure that is true though, I see quite a few who got dismissed in 221(g)/DS-5535 delays.
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I reached out to a senator and got a long but standard response from the Chief of the consular section in Tunis. "We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the immigrant visa program is to re-unite families. Nonetheless, the embassy must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive administrative processing. While we cannot predict when the processing of the applicant's visa will be completed, please be assured that the embassy and the Department of State are aware of your concerns and will do all we can to see that the visa is adjudicated as soon as the processing of his application has been completed"