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

[DS5535 135]

On 5/22/2022 at 5:24 PM, ice-qube said:

Thanks so much! I am hoping that we all have this settled sooner rather than later. It gets hard to maintain enthusiasm after 200 days in administrative processing. 

Don't forget, I was the Original OG rooting for you. Also, I hope everyone else gets the news that brings smiles to your faces. 

[ice-qube 648]

3 minutes ago, DS5535 said:

Don't forget, I was the Original OG rooting for you. Also, I hope everyone else gets the news that brings smiles to your faces. 

You are OG, bro. I am still waiting for the day I can cheer.

[mam521 1,776]

On 5/20/2022 at 5:27 PM, ice-qube said:

Well you or any of us shouldn’t *have to* pay, even if we can. This is outrageously unjust. I already pay a lot of expenses for myself and help my wife as well, there is no extra income to just blow on mandamus suits. Do people not need savings or otherwise for, you, know, *other stuff*? This is my whole problem with the mandamus thing. It is wrong that I would have to blow a significant amount of money just to get what should be a simple decision on my visa. I am resisting it, yes, on principle—because this is garbage. People can say, “oh you should just do it and get it over with,” but I disagree. The principle of having to pay a large sum of money to a third party just so I can finally receive a decision is utterly unjust, besides the financial consideration. The government is obligated to respect the right of my wife, a USC, to make a decision on admitting her husband to live with her in the United States. I appreciate that all of you are willing to pay extra money just to make the suffering stop, but I am not. It is not my obligation to do so, it is the government’s obligation to provide a decision on my case, without forcing me and my wife to file a costly lawsuit. If anyone is willing to file a class action mandamus suit, if that is possible, I would consider joining, but no, I do not want to pay this ransom money to get what is supposed to be due, long before.

I'm with @ROK2USA, it's not whining but venting. 

 

With that in mind, I get your stance on principle, but at some point the monetary cost seems minute compared to the mental anguish and the toll on your relationship.  The damage to that relationship may be irreparable.  Is $5000 and the point in principle worth more than a lifetime relationship you've committed to but may not be salvageable due to the process?  Lots to weigh out and consider.  

 

Regardless, every time I check this tread, I'm hoping you've received good news.  We're all still rooting for you and we're all confused as to what the hold up is.  I feel like they accidentally tossed your file in the shred it bin and are now in a panic trying to figure it out! It just needs to be sorted already.  There's no real excuses to hide behind anymore.  

[Bob30 2]

I got email request for DS-5535 after my family interview for F3 visa at Montreal on March 18 2022, plus request for additional documentation

I submitted DS-5535 on March 20, additional documents mailed on April 9

Case status still denied but updated on April 22 and May 17

 

Accepted US job offer and resigned from my present job last week assuming 3-4 weeks turnaround for visa. Didn't think DS-5535 was much of a deal, till I googled today! Now I cannot join my new job till I have the visa

My son's medical will expire on June 1 , so looks like I'm screwed!!

[ice-qube 648]

11 minutes ago, Bob30 said:

I got email request for DS-5535 after my family interview for F3 visa at Montreal on March 18 2022, plus request for additional documentation

I submitted DS-5535 on March 20, additional documents mailed on April 9

Case status still denied but updated on April 22 and May 17

 

Accepted US job offer and resigned from my present job last week assuming 3-4 weeks turnaround for visa. Didn't think DS-5535 was much of a deal, till I googled today! Now I cannot join my new job till I have the visa

My son's medical will expire on June 1 , so looks like I'm screwed!!

This is unfortunate news. I really hope for you to not be stuck in this black hole that I and some other people remain in. No one seems to be able to predict how it will go as there seems no rhyme or reason to this. I myself have been stuck in this black hole of nothingness since the end of October, with no sign that it will end. I hope yours goes way better.

[ohmygod 60]

1 hour ago, ice-qube said:

This is unfortunate news. I really hope for you to not be stuck in this black hole that I and some other people remain in. No one seems to be able to predict how it will go as there seems no rhyme or reason to this. I myself have been stuck in this black hole of nothingness since the end of October, with no sign that it will end. I hope yours goes way better.

Fingers crossed for all of us. Looks like another week with no updates. 

[LAMA9 118]

Hi everyone. I am an existing group member of this thread,  but have changed my screen name.  I wanted to share a response I got back from our Lawyer today as I have been sharing updates of this group with her and what our next steps should be regarding our specific case.  I do remember some chatter a few weeks back about a group suit and I brought that up to her.  This was her response:

 

"I reached out to some colleagues regarding a Mandamus suit in general and a class action.

 

The attorney I communicated with, who his whole practice is suing, recommended a couple of options.  First he recommended Jesse Bless at Wasden, Bless & Forney for a class action suit.  Jesse evidently was the litigation specialist with AILA and used to work for the DOJ in the immigration litigation department, so he knows his stuff from both sides and has one other cases for similar matters.  He also told me that the State Department was recently sued, and lost, a case where they admitted to deprioritizing certain types of immigration visas, the judge found that a violation- so who knows what could happen here if it’s found that the Montreal consulate is putting cases in administrative processing inappropriately.

 

Alternatively Brian, the attorney I emailed with, says that he could do a group suit for cost savings.  In other words he would file a mandamus for individuals but would do it at the same time (I’m uncertain of the specifics on how he proceeds), the main point is that the individuals can share the cost of his fees.  Anyhow, the question becomes if you want to pursue this.  If you want to file a mandamus we can do that, if you want to make change at the source then it’s likely that you need to do a class action or a big group filing."

 

______

In other news, I joined the USCIS public relations Zoom they held last week which was to discuss how they plan to clear backlogs and learned that currently there is a 5.2MM case backlog.  They have 4000 open positions - FOUR THOUSAND.  Essentially the first 20 min of the zoom, was a recruitment trailer - which was a complete waste of the presentation as I am sure the majority of the audience were foreign applicants who are all in various stages of egregious delays.  What I took away from it, is that this mess isn't ending any time soon and surely there will be an increase in WOM by those who have the means, and then those who don't will be delayed further.   

 

Personally, I am not sure I want to take on organizing a law suit against the USCIS, as we are now in the process of my American partner coming to Canada.  The Texas shooting has given us major pause (among other unsavory American political and cultural issues), and has us questioning whether America is actually worth it for us.  

 

Anyhow, I wanted to share regardless in case someone here does have some time on their hands and wants to really put the Montreal consulate's feet to the fire. The fact that we have not seen any non Mandamus influenced movement since March 5th is a pretty bad sign.  

 

God Speed all.  

[LAMA9 118]

6 minutes ago, LAMA9 said:

Hi everyone. I am an existing group member of this thread,  but have changed my screen name.  I wanted to share a response I got back from our Lawyer today as I have been sharing updates of this group with her and what our next steps should be regarding our specific case.  I do remember some chatter a few weeks back about a group suit and I brought that up to her.  This was her response:

 

"I reached out to some colleagues regarding a Mandamus suit in general and a class action.

 

The attorney I communicated with, who his whole practice is suing, recommended a couple of options.  First he recommended Jesse Bless at Wasden, Bless & Forney for a class action suit.  Jesse evidently was the litigation specialist with AILA and used to work for the DOJ in the immigration litigation department, so he knows his stuff from both sides and has one other cases for similar matters.  He also told me that the State Department was recently sued, and lost, a case where they admitted to deprioritizing certain types of immigration visas, the judge found that a violation- so who knows what could happen here if it’s found that the Montreal consulate is putting cases in administrative processing inappropriately.

 

Alternatively Brian, the attorney I emailed with, says that he could do a group suit for cost savings.  In other words he would file a mandamus for individuals but would do it at the same time (I’m uncertain of the specifics on how he proceeds), the main point is that the individuals can share the cost of his fees.  Anyhow, the question becomes if you want to pursue this.  If you want to file a mandamus we can do that, if you want to make change at the source then it’s likely that you need to do a class action or a big group filing."

 

______

In other news, I joined the USCIS public relations Zoom they held last week which was to discuss how they plan to clear backlogs and learned that currently there is a 5.2MM case backlog.  They have 4000 open positions - FOUR THOUSAND.  Essentially the first 20 min of the zoom, was a recruitment trailer - which was a complete waste of the presentation as I am sure the majority of the audience were foreign applicants who are all in various stages of egregious delays.  What I took away from it, is that this mess isn't ending any time soon and surely there will be an increase in WOM by those who have the means, and then those who don't will be delayed further.   

 

Personally, I am not sure I want to take on organizing a law suit against the USCIS, as we are now in the process of my American partner coming to Canada.  The Texas shooting has given us major pause (among other unsavory American political and cultural issues), and has us questioning whether America is actually worth it for us.  

 

Anyhow, I wanted to share regardless in case someone here does have some time on their hands and wants to really put the Montreal consulate's feet to the fire. The fact that we have not seen any non Mandamus influenced movement since March 5th is a pretty bad sign.  

 

God Speed all.  

And more from my lawyer: 

 

"Another option- and likely the best in light of the facts- Brian Green the attorney that I discussed this with reached out to another colleague of his who has been hosting zoom informational meetings regarding group mandamus options, again not the class action but another way to get the cases moving at a lower cost than individual filings, plus they usually get assigned to one judge who will then consolidate (as I understand it).  Do you think that if we put together a zoom Q&A for this that folks may be interested in learning more about it?"

__________

How many people here would be interested?  I definitely could facilitate  what she is suggesting for the group here as a start.  Please let me know!  

[ice-qube 648]

3 minutes ago, LAMA9 said:

And more from my lawyer: 

 

"Another option- and likely the best in light of the facts- Brian Green the attorney that I discussed this with reached out to another colleague of his who has been hosting zoom informational meetings regarding group mandamus options, again not the class action but another way to get the cases moving at a lower cost than individual filings, plus they usually get assigned to one judge who will then consolidate (as I understand it).  Do you think that if we put together a zoom Q&A for this that folks may be interested in learning more about it?"

__________

How many people here would be interested?  I definitely could facilitate  what she is suggesting for the group here as a start.  Please let me know!  

I would definitely be interested in finding out more...

4 minutes ago, LAMA9 said:

And more from my lawyer: 

 

"Another option- and likely the best in light of the facts- Brian Green the attorney that I discussed this with reached out to another colleague of his who has been hosting zoom informational meetings regarding group mandamus options, again not the class action but another way to get the cases moving at a lower cost than individual filings, plus they usually get assigned to one judge who will then consolidate (as I understand it).  Do you think that if we put together a zoom Q&A for this that folks may be interested in learning more about it?"

__________

How many people here would be interested?  I definitely could facilitate  what she is suggesting for the group here as a start.  Please let me know!  

Of course my case would be against State not USCIS, as it is consular.

[LAMA9 118]

6 minutes ago, ice-qube said:

I would definitely be interested in finding out more...

Of course my case would be against State not USCIS, as it is consular.

I would assume this would be a group WOM against the DOS as she knows we are all in DS-5535, but I will clarify.  

[LAMA9 118]

her response:

"Consulates fall under the DOS, think of them as the individual offices of DOS, so when we sue we sue the DOS, the specific persons in charge (likely in this situation it would include the Consular General and the Secretary of State) and the Montreal office, all in personal and professional capacity- it’s all just legal/jurisdictional stuff and strategy- to a certain extent some of this isn’t decided until the very end because we may get a specific idea as to who to cast blame upon."

[US2197 9]

6 hours ago, LAMA9 said:

And more from my lawyer: 

 

"Another option- and likely the best in light of the facts- Brian Green the attorney that I discussed this with reached out to another colleague of his who has been hosting zoom informational meetings regarding group mandamus options, again not the class action but another way to get the cases moving at a lower cost than individual filings, plus they usually get assigned to one judge who will then consolidate (as I understand it).  Do you think that if we put together a zoom Q&A for this that folks may be interested in learning more about it?"

__________

How many people here would be interested?  I definitely could facilitate  what she is suggesting for the group here as a start.  Please let me know!  

I am!! 

[BatmanFlow 481]

6 hours ago, LAMA9 said:

And more from my lawyer: 

 

"Another option- and likely the best in light of the facts- Brian Green the attorney that I discussed this with reached out to another colleague of his who has been hosting zoom informational meetings regarding group mandamus options, again not the class action but another way to get the cases moving at a lower cost than individual filings, plus they usually get assigned to one judge who will then consolidate (as I understand it).  Do you think that if we put together a zoom Q&A for this that folks may be interested in learning more about it?"

__________

How many people here would be interested?  I definitely could facilitate  what she is suggesting for the group here as a start.  Please let me know!  

Depending on the cost, I’m in right now.
else I plan on filing one in September  

[LAMA9 118]

Good Morning Everyone.  Seems like there are a few of us interested.  In order to make it worth while for us and to gauge an actual # of those who would want to participate in Zoom Q&A, could you private message me so I have a better idea.  Not sure it's worth it if there were only, say 5 of us...

 

I will wait to respond to my lawyer about moving forward until next Tuesday (as it's a holiday weekend in the US), so please let me know by PM over the weekend.

Thanks all - perhaps this is a way we can take back a little control over something that is so very uncontrollable!  At least get decisions so we can move on with our lives.

 

 

[Ap 5535 2]

Hello.

Depending on cost. Please count me in to.