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

[BatmanFlow 481]

1 hour ago, Montreal514 said:

Can you travel to the US while awaiting DS5535 status? I have my passport thanks. I would like to see family for 1 month. Thanks

My mom travelled and visited me for about 2 months this year while waiting for her DS 5535 to clear 

[Jvisa 4]

On 1/12/2023 at 6:55 PM, ice-qube said:

I signed on with the Hacking Law Firm.

Is Hacking Law firm in Missouri please?

[Montreal514 0]

It seems that the K1 is a lot easier if one gets DS5535. My visa is a family one. Does this make any difference or speed things up? I was under the impression that the family visa is the easiest. 

[ice-qube 648]

2 hours ago, Jvisa said:

Is Hacking Law firm in Missouri please?

Correct, they are based out of St Louis.

[ice-qube 648]

3 hours ago, Montreal514 said:

Can you travel to the US while awaiting DS5535 status? I have my passport thanks. I would like to see family for 1 month. Thanks

For what it's worth, I have travelled many times to see my wife in Miami since being in AP with DS-5535. So yes, but as always, it is up to the discretion of the CBP officer to let you in or not.

[Jvisa 4]

4 hours ago, ice-qube said:

Correct, they are based out of St Louis.

Hi,

 

Thank you for your answer, are you satisfied with Hacking law firm how is your file going .please let me know about your experience with Hacking law firm as I am going to file with them. can I have their phone number or their website as I want to make sure I am connecting with exact law firm please.

Thanks .

[ice-qube 648]

6 minutes ago, Jvisa said:

Hi,

 

Thank you for your answer, are you satisfied with Hacking law firm how is your file going .please let me know about your experience with Hacking law firm as I am going to file with them. can I have their phone number or their website as I want to make sure I am connecting with exact law firm please.

Thanks .

https://hackinglawpractice.com

[Montreal514 0]

4 hours ago, ice-qube said:

For what it's worth, I have travelled many times to see my wife in Miami since being in AP with DS-5535. So yes, but as always, it is up to the discretion of the CBP officer to let you in or not.

Can I start moving some items and spend the 6 months a year outside Canada while I wait through this process?

[ice-qube 648]

7 minutes ago, Montreal514 said:

Can I start moving some items and spend the 6 months a year outside Canada while I wait through this process?

Well, that's a bit complicated. Legally speaking, I think this might be questionable. True, you can enter the US legitimately on the normal B1/B2 visitor visa and stay up to 6 months, in theory. In practice, they are going to ask you what you are doing for 6 months and how you are going to be supporting yourself. And furthermore they might ask about your immigration application, and that's when there is a further problem, because technically, you are supposed to wait *outside* the US while your immigrant visa application is in process. So you see, the answer is not so simple in this matter. It's the same thing I had considered, and ultimately decided against, myself. 

[SalishSea 16,943]

12 hours ago, Montreal514 said:

Can I start moving some items and spend the 6 months a year outside Canada while I wait through this process?

How would you support yourself for that 6 months?   You will not be eligible to work, even remotely, without a green card or EAD.   Expect scrutiny at the border, especially if bringing over furniture, etc.

[throwitaway 189]

14 hours ago, ice-qube said:

https://hackinglawpractice.com

Ice-qube: I had to really fight to even speak to a lawyer and have them sort something out even though I paid lots of money. 

 

Jvisa: Cool cool, gonna sign with them. 

[throwitaway 189]

14 hours ago, Montreal514 said:

Can I start moving some items and spend the 6 months a year outside Canada while I wait through this process?

No.

 

 

[ice-qube 648]

24 minutes ago, throwitaway said:

Ice-qube: I had to really fight to even speak to a lawyer and have them sort something out even though I paid lots of money. 

 

Jvisa: Cool cool, gonna sign with them. 

Lol. Well in the end they are getting me the result, thankfully. But you are right—it was not appreciated that I had to push on them so much. That part is poor.

[addpeace 40]

Hi everyone-

 

I have mostly been a lurker in this thread since my husband and I got put into AP and given the DS5535 on August 1st 2022. We are officially signing with Hacking Law firm tomorrow, but I just wanted to let everyone know all the steps we have taken and our timeline so far.

Steps:

Emailed Montreal consulate every week since interview on Aug 1st.

• Same copy paste emails
• Only email that actually was different was when I requested for our case to be reviewed by a manger or higher official.
  • This email stated that asking for our passport back does not stop our case from processing. (We have never requested it back though)
• Let them know 2 weeks ago that we were contemplating filing a Writ of Mandamus. (no response so far)

Contacted our MN senator and local congresswoman:

• Senator (never responded)
• Congresswoman
  • They sent 2 inquires to Montreal
    • 1 was the same copy paste response
    • 1 they never got back to them
  • Gave me a list of immigration lawyers I could reach out to.

Mailed hand letters to:

• POTUS* (3 weeks to respond)
• VPOTUS* (1 month to respond)
• Sec. of State* (3 months to respond)
• US Consulate General of Montreal (No response)
• Homeland security* (2 weeks to respond)

All the * letters were forwarded to USCIS who contacted us saying they would look into our case and we would receive a response in 14 days. The response came 5 days later saying they could not help us since this was a state department issue. They gave us a link to put in a email inquiry to the State department, which we did. 10 days later we got a response from the state department saying this is a consulate issue and to try contacting them. (These are all sent from No reply emails as well, so you can never talk to the same person or respond to them)

 

We have spoken to 3 local immigration attorneys who have basically all said the same thing. "Trinidad, Islamabad, and Montreal are the worst consulates to immigrate through right now." they also said "AP is getting out of hand, and with so many illegal immigrates coming in the families in DS5535 are pushed back because the illegal immigrate checks use the same system for background checks. (since they are in the country already I guess theirs take priority)"  They have all reviewed our case and found no red flags or any reason that we should have triggered AP let alone DS5535.

 

Thus with our 6th month mark coming up on Feb 1st Lex and I have decided to go the WOM route. Hacking Immigration has quoted us $5000 for the process. With 2 different payment options. $3000 down payment and the final 2000 paid over 4 months ($500 a month), or Pay full upfront and get $500 off, so $4500. Hopefully we are able to get out of this before the end of summer as my husband is in school and transitioning in the middle of a semester will be rough.

 

I wish everyone luck with their cases and their status updates.

 

[ice-qube 648]

24 minutes ago, throwitaway said:

No.

 

 

That’s probably the best, most succinct answer. At best, the answer is “mostly no”.