Hopelessincanada
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Idk what an ESTA is. He’s never had issue going back and forth to US.
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No idea if the consulate informed DHS. My fiancé was never asked about the theft during the interview. We’re waiting on the response to our lawyer from now and will go from there.
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It’s been a nightmare every step of the way, so I’m preparing myself that it might fail and we’d have to go the I-601 route. Don’t know what else to do beyond that point.
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This applicant was approved in the interview despite CIMT and up to TEN year prison sentence of the crime in her country of origin. Not asked about it either. This process makes no sense
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Idk what is so humorous to you. It’s called advocacy. Considering we’ve sent the application in three years ago, he was never even asked about the theft during the interview, which lasted maybe 5 minutes and they kept his passport for 8 months only to then deny it, so yeah I’m appreciative they’re asking for a response in a reasonable timeframe. As to another poster, The court record itself says the maximum punishment was one year, if given jail time. Which he wasn’t. Single offense, paid fine, no jail time, crime occurred more than 15 years ago. It is what it is at this point, so whatever happens we’ll just keep moving forward.
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Sorry for my delay in response. I would very much appreciate your insight anyway! my lawyer is filing a petty exemption (fiancé beyond qualifies for it) request directly to the consulate, they’re giving them 30 days to respond. If they don’t, they Will send another request and give a 15 day timeframe. If the consulate doesn’t respond, they’re going to the DC office which oversees the consulate. They were very clear that Montreal is not very responsive (that will shock no one here haha). They said if it’s not approved that we will have to file for exemption, which last I checked was 29 month processing time.
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Hopelessincanada reacted to a post in a topic:
my fiancé is denied under CIMT (split topic)
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He never had a I-192 waiver. He’s never has a problem entering the US. Nothing comes up when we have gone to the US to visit my family. The theft and fees he paid for the theft were on his initial I-129f application. The theft occurred almost 16 years ago now. He was approved no problem from the start. It’s just bizarre, he wasn’t even asked a single question during the interview about it and when they gave him 221g they wanted his passport sent with the additional docs they asked for. They’ve been sitting on his passport for 7 months so we’ve been just stuck in canada, only for them to do this now. We’re waiting on the lawyers analysis now. He’s strictly an immigration lawyer, including winning CIMT cases (I assume that means the win sent the case back to the consulate without having the I-160 waiver). The processing time for the waiver right now is 29 MONTHS. We just found out we’re expecting too, we’re in the process of selling our house. It’s all just a nightmare.
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Hopelessincanada reacted to a post in a topic:
my fiancé is denied under CIMT (split topic)
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I received the email from the consulate today. In part: In light of the information available to us, the applicant is found ineligible for a visa under section 212(A)(2)(A)(I)(I) of the Immigration and Nationality Act (INA). Under this section of law, any individual who was convicted of a crime involving moral turpitude is ineligible for a visa and inadmissible to the United States He has never had an issue entering the US. It has never even been brought up, by land or air.
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I don’t know if you’ll answer as your post is back in June. We were JUST informed by my senator that my fiancé is denied under CIMT and to file I-601. I’m at a loss at how your fiancé was approved. My fiancé stole a pair of shoes from his job in 2009- so almost 16 years ago now- was never in jail, paid for the shoes and fine, and that was that. We’ve been approved every step of the way in this process and they’ve now held his passport for SEVEN months before dropping this bomb on us. They didn’t even ask my fiancé about it during his interview!! I just retained a lawyer using emergency $ because I just don’t know what to do anymore. Even on the instructions of the 601 is says that you don’t need a waiver if it was one CIMT. So now we wait. Pay more. And our family suffers in the meantime. If anyone else wants to chime in too with their experience, I’d appreciate it too!
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Ahh one of the lucky ones! Hope you guys don’t experience any delays.
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They use a courier to send visas. It won’t impact anything. Sort of update on our case: I’ve had 2 unsolicited updates this week, the 13th and today. No emails from consulate though. We will have to be updating fiancés medical and photos. His medical was in Jan.
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Hopelessincanada reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal Only. Post here and support each other (PART 3)
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I was hoping I’d just get date changes on CEAC but I got an email just now. No end in sight Thank you for your inquiry. We acknowledge receipt of the documents you have provided. This case is currently pending review by a consular officer. As soon as the review is complete, the Visa Unit will advise of the next steps if anything else is needed to complete processing the case. 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 facilitate legitimate travel to the U.S. Nonetheless, the Consulate in Montreal, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive consular review and administrative processing. While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the Department of State are aware of your concerns and will contact you as soon as the processing is complete. I’ve seen people interview months after us, have further screening because their country of origin and still get their stuff back in a couple months. Just brutal.
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Date change, last time our file was touched was Aug 22. I emailed them on status Oct 21. Haven’t been given a reply to it
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Hopelessincanada reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal Only. Post here and support each other (PART 3)
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Hopelessincanada reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal Only. Post here and support each other (PART 3)
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K1. Started this process Feb 2022, interviewed Jan 16. They’ve had passport since April. I actually got a case update yesterday on CEAC. Didn’t receive an email yesterday or so far today- I was wondering if a generic response was on the way, but not yet.
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No. CEAC is unchanged, last update on case Aug 22. Never heard from Senator, called their DC office again and left a note. It’s just crushing. How about you?