The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)

[ice-qube 648]

5 hours ago, LAMA9 said:

Probably the greatest irony of this entire process is that you are free to visit the US during the extreme vetting process of the DS-5535.  You are such a security threat to the US, that they still welcome you with open arms as a tourist!  You just have to be upfront that you are in AP.  I don't believe any of us here that did travel while in DS5535 had any issues at all... 

They have never given me an issue yet, and never asked about my immigration process whatsoever...

[throwitaway 189]

14 hours ago, TheMaverick said:

On the same lines I have a question, I asked this question before but did not receive a response. I currently have a TN visa(which does not have dual intent like a H1) and now if I am placed in AP, Can I still travel to the US to work(not as a tourist). Because once I have attended that first interview I have shown intent to migrate. For someone on TN who is going through CP, one of the response to give to CBP is that since we have an interview scheduled we would leave US and head to Canada thereby proving that our current stay in US is temporary. But once that interview is over what reasoning can we give to prove that the current entry will be temporary. I guess once AP is compete they just ask for passports(they do not call for second round of interview)

It looks like a DOS memo went out in 2017 addressing your specific situation. Unfortunately, it no longer seems to exist on the DOS website, but several immigration law offices have posted about it. Because I haven’t been able to find this policy on an official government website I would take it with a grain of salt. They say:

 

“Department of State (DOS) offered information late last year that benefits those with visa applications in administrative processing.

 

According to the DOS, an existing visa will not be cancelled while a new application is pending administrative processing in a US consulate. However, the consulate will cancel previously approved, valid visas if “derogatory information” emerges during review.  Therefore, if someone plans to enter the US while their new visa application is held for administrative processing, the traveler can apply for admission into the US only if they possess a valid nonimmigrant visa. If a traveler utilizes a previously issued visa, then they must comply with the terms of that visa. For example, if an individual enters the US with a valid B-1/B-2 visa, they should not enter the country with the intention to work.

 

CBP Maintains Authority 

Although a previously issued visa may be valid during a pending administrative processing hold, Customs and Border Patrol (CBP) maintains the authority to determine admissibility. Thus, an application for entry could be denied by CBP, regardless if the previously issued visa is valid.”

 

Looks like your TN won’t be “automatically cancelled” if you go into AP, unless of course they find something they don’t like. CBP at port of entry may scrutinize your admission, so it would be wise to bring as much evidence as possible that you are not permanently moving to the US on your trip.

 

Hope this helps. 

Edited December 9, 2022 by throwitaway

[mymissingpiece 22]

Omg guys!!! Our status just changed to APPROVED!!!!!!! I can’t believe we made it!!!! 😭 

[BatmanFlow 481]

2 minutes ago, mymissingpiece said:

Omg guys!!! Our status just changed to APPROVED!!!!!!! I can’t believe we made it!!!! 😭 

Congratulations! Happy you’re done with this hell!

[LAMA9 118]

4 minutes ago, mymissingpiece said:

Omg guys!!! Our status just changed to APPROVED!!!!!!! I can’t believe we made it!!!! 😭 

AMAZING!!!  I AM SO HAPPY FOR YOU!!!!!  YOU ARE FREE!  

[throwitaway 189]

1 hour ago, LAMA9 said:

AMAZING!!!  I AM SO HAPPY FOR YOU!!!!!  YOU ARE FREE!  

Make sure you don’t withdraw your WoM until you have visas in hand. Congrats! 

 

Edit: Sorry LAMA9, meant to quote mymissingpiece

Edited December 9, 2022 by throwitaway

[BatmanFlow 481]

OMG my moms visa is issued!!!! I cannot believe I saw those words on CEAC site. 
432 days after her interview, it’s been issued. 
 

man I’m so happy and thankful for this. 
 

on Tuesday my congressperson got a reply from embassy that they didn’t have my documents. I had sent everything and it was received by third party sorting facility on November 10. 

this Wednesday the date changed. It changed again Thursday. It changed again today. And two later later the status changed from refused to issued! 
 

what a hellish process and im really

hoping people see issues soon for their cases

[kryptonite 43]

Hi everyone,

 

Quick back story on my case. I had my interview in Montreal for IR1 on November 2, 2022. The officer gave me a 221(g) form and said they have to do some additional processing on my case (AP). He told me it was related to my refusal of entry to the US earlier this year in May 2022. This wasn't in my DS-260 as it happened after the fact. The reason the border officer gave me was that because my case is currently in the immigration process, I cannot cross until that is done. It was a bit strange because I had crossed multiple times before this just as a visitor but, I was told I couldn't do that anymore either. He said I wasn't doing anything illegal and it is just the law and that I should just wait for the immigration process to be complete.

 

Fast forward, I told this story to the interview officer on November 2nd and he told me this was the reason he is putting it into AP just to confirm my story. He said it shouldn't be any issue based off of what the story is but he has to do his due diligence. He kept my original police certificate and my passport. I asked him how long it would take and he said a few weeks but, could not say for sure. As of today is has been a little over 5 weeks. Last week on December 1st, I emailed the Montreal consulate and just yesterday (5 business days later) I got a response from them.

 

"Your case is currently under administrative processing. While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the State Department are aware of your concerns and will contact you as soon as the processing is complete."

 

Looks like it is just a generic response as nothing in their email mentioned any specifics from my case. The interview officer at the time told me that there was nothing I had to do and even in this email there was no direction provided so I'm assuming they are not waiting on any documents from me or anything like that. I know some people were told that they did not need to give any documents but after reaching out to them via email they realized that the consulate is actually waiting on stuff. That doesn't seem like the case for me.

 

Has anybody ever received a response like this before from them? Does responding to that email again even do anything? The CEAC last update date changed to the date they sent me the email but the status still says Refused. So they probably took a glance at my case when emailing me back.

 

P.S. I know this is the thread for DS-5535 but, I was told to visit it as people might have some good insight on AP. Reading all of your posts and how long you all have been waiting makes my 5 weeks of waiting sound like nothing. Congrats to those who have finally heard back - saw a few of those recently. 

[throwitaway 189]

20 minutes ago, kryptonite said:

Hi everyone,

 

Quick back story on my case. I had my interview in Montreal for IR1 on November 2, 2022. The officer gave me a 221(g) form and said they have to do some additional processing on my case (AP). He told me it was related to my refusal of entry to the US earlier this year in May 2022. This wasn't in my DS-260 as it happened after the fact. The reason the border officer gave me was that because my case is currently in the immigration process, I cannot cross until that is done. It was a bit strange because I had crossed multiple times before this just as a visitor but, I was told I couldn't do that anymore either. He said I wasn't doing anything illegal and it is just the law and that I should just wait for the immigration process to be complete.

 

Fast forward, I told this story to the interview officer on November 2nd and he told me this was the reason he is putting it into AP just to confirm my story. He said it shouldn't be any issue based off of what the story is but he has to do his due diligence. He kept my original police certificate and my passport. I asked him how long it would take and he said a few weeks but, could not say for sure. As of today is has been a little over 5 weeks. Last week on December 1st, I emailed the Montreal consulate and just yesterday (5 business days later) I got a response from them.

 

"Your case is currently under administrative processing. While we cannot predict when the processing of your visa will be completed, please be assured that the Consulate and the State Department are aware of your concerns and will contact you as soon as the processing is complete."

 

Looks like it is just a generic response as nothing in their email mentioned any specifics from my case. The interview officer at the time told me that there was nothing I had to do and even in this email there was no direction provided so I'm assuming they are not waiting on any documents from me or anything like that. I know some people were told that they did not need to give any documents but after reaching out to them via email they realized that the consulate is actually waiting on stuff. That doesn't seem like the case for me.

 

Has anybody ever received a response like this before from them? Does responding to that email again even do anything? The CEAC last update date changed to the date they sent me the email but the status still says Refused. So they probably took a glance at my case when emailing me back.

 

P.S. I know this is the thread for DS-5535 but, I was told to visit it as people might have some good insight on AP. Reading all of your posts and how long you all have been waiting makes my 5 weeks of waiting sound like nothing. Congrats to those who have finally heard back - saw a few of those recently. 

That’s their template reply, it’s probably their most used one. They often update the date on your case when they reply to an email, at least they did with mine. They’ll just repeat the answer if you ask them again unfortunately.

[ice-qube 648]

8 hours ago, mymissingpiece said:

Omg guys!!! Our status just changed to APPROVED!!!!!!! I can’t believe we made it!!!! 😭 

Congratulations to you--now the "missing piece" is missing no more! hehe

[Gha 15]

Hi @kryptonite your experience and my experience is similar 

I already mentioned my experience on this platform.my interview was 21 October and did not got any response from embassy even my employer did not got any response.

embassy did not asked any documents.

I sent email this week regarding my case update but not receive any response.but actually you mention you sent email 1 December and they sent response on 8 December.I sent 6 and hopefully I will get next week .but I saw some people experiencing similar to our case.Montreal issues the visa in 10 week but right now holiday season may be little bit more .plz if you will receive any update plz inform us and if I will get any response I will inform you

thank you 

[throwitaway 189]

7 hours ago, BatmanFlow said:

OMG my moms visa is issued!!!! I cannot believe I saw those words on CEAC site. 
432 days after her interview, it’s been issued. 
 

man I’m so happy and thankful for this. 
 

on Tuesday my congressperson got a reply from embassy that they didn’t have my documents. I had sent everything and it was received by third party sorting facility on November 10. 

this Wednesday the date changed. It changed again Thursday. It changed again today. And two later later the status changed from refused to issued! 
 

what a hellish process and im really

hoping people see issues soon for their cases

 

When you see that word “issued” for the first time, it’s an incredible relief. I remember it well. Congrats! 

[BatmanFlow 481]

3 hours ago, throwitaway said:

 

When you see that word “issued” for the first time, it’s an incredible relief. I remember it well. Congrats! 

Thanks. It truly is! I hope and pray people in here still waiting get to experience it soon. Especially, unfortunately, the one waiting the longest now @ice-qube

[mymissingpiece 22]

22 hours ago, ice-qube said:

Congratulations to you--now the "missing piece" is missing no more! hehe

Thank you!!! I actually got my screen name from a song called My Missing Piece by Vance Joy. It’s about a couple in a long distance relationship during the pandemic. 
 

If you haven’t heard it before, I’m sure it’ll hit you guys in the feels as much as it does for me: 

 

[PNWUnited 15]

On 12/9/2022 at 8:56 AM, BatmanFlow said:

OMG my moms visa is issued!!!! I cannot believe I saw those words on CEAC site. 
432 days after her interview, it’s been issued. 
 

man I’m so happy and thankful for this. 
 

on Tuesday my congressperson got a reply from embassy that they didn’t have my documents. I had sent everything and it was received by third party sorting facility on November 10. 

this Wednesday the date changed. It changed again Thursday. It changed again today. And two later later the status changed from refused to issued! 
 

what a hellish process and im really

hoping people see issues soon for their cases

Congratulations!!! Should only be a matter of days now Ours changed to issued on the 8th and will be arriving today (all the way to Vancouver B.C) so looks like your mom should have a visa in hand in no time. So happy to hear you got that Christmas miracle!!