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

[Jvisa 4]

Hi,

 

does somebody knows what will happen if Mandamus get dismissed, can file be moved forward even with dismissed mandamus.  please let me know as we are in swamp with dismiss and our lawyer is shocked too. 

[throwitaway 189]

28 minutes ago, Jvisa said:

Hi,

 

does somebody knows what will happen if Mandamus get dismissed, can file be moved forward even with dismissed mandamus.  please let me know as we are in swamp with dismiss and our lawyer is shocked too. 

Wait what? Who’s your lawyer? Did the defendants file a motion to dismiss? Did you respond?

[Jvisa 4]

41 minutes ago, throwitaway said:

Wait what? Who’s your lawyer? Did the defendants file a motion to dismiss? Did you respond?

I cannot mentioned my lawyer's name now .defendant file motion to dismiss and my lawyer is responding them, but I lost all my hope as everyone here comes and talking about their mandamus file was successful,

 

did somebody have the same experience? please guys let me know 

[throwitaway 189]

1 hour ago, Jvisa said:

I cannot mentioned my lawyer's name now .defendant file motion to dismiss and my lawyer is responding them, but I lost all my hope as everyone here comes and talking about their mandamus file was successful,

 

did somebody have the same experience? please guys let me know 

I know a few people who had these motions, it’s really important you have a good lawyer that can respond well. Mandamus isn’t just a magic bullet, sometimes it’s a fight. 

[LAMA9 118]

Yes, there were a few (I think 3 or 4) people in our group of WOM filers last year that had "motion to dismiss cases". The good news is they all received their visas in the end, and not with significant delay.  As @throwitaway mentions, if you have a good lawyer, this will not be the first time they have seen this and will know what to do.  I know it's hard, but try to stay positive.  

1 hour ago, Jvisa said:

I cannot mentioned my lawyer's name now .defendant file motion to dismiss and my lawyer is responding them, but I lost all my hope as everyone here comes and talking about their mandamus file was successful,

 

did somebody have the same experience? please guys let me know 

 

[Jvisa 4]

11 minutes ago, LAMA9 said:

Yes, there were a few (I think 3 or 4) people in our group of WOM filers last year that had "motion to dismiss cases". The good news is they all received their visas in the end, and not with significant delay.  As @throwitaway mentions, if you have a good lawyer, this will not be the first time they have seen this and will know what to do.  I know it's hard, but try to stay positive.  

 

Thank you for your answer but even my layer was shocked ,they even did not  touch my case and no update received during the extension, so frustration I am just crying cannot believe it. 

[mam521 1,737]

On 5/11/2023 at 5:15 PM, topman said:

Does anyone know if the newborn child (4-month old) needs to appear for an interview at Montreal? Me and my wife had interview in Montreal in September when she was 7 months pregnant. But like other in this group, we were put on DS-5535. We filed for WOM in Jan, and received request for second medical last month and Montreal added our newborn to the application but wants to interview the child. 

 

I have sent an email to Montreal consulate but have not received a response yet. Does anyone know if I need to take my child to the interview in Montreal or can one of the parents be available in Montreal on her behalf for the interview? It will be tough to travel with a 4 month old for a one hour interview, if it's not required. 

 

 

If the baby was added to the petition, then baby has to go to the interview too. 

 

My other question would be (since you don't have a timeline filled out) does the baby qualify for CRBA?  If so, then you need to file that ASAP and get the baby a US passport.  An I-130 isn't the correct route for the baby if (s)he is already a US citizen.  

[stuckinlimbo 1]

Hi. Unfortunately my 1 year old child's immigrant visa expired last week. Because I'm still waiting for my visa, I could not cross the border with her. 

 

Anyone has similar experience? Or that's it for our immigration?

 

Thanks!

[Ontarkie 13,918]

14 minutes ago, lomnd said:

Hi. Unfortunately my 1 year old child's immigrant visa expired last week. Because I'm still waiting for my visa, I could not cross the border with her. 

 

Anyone has similar experience? Or that's it for our immigration?

 

Thanks!

You should have had her cross to endorse the visa, with you or the other parent. Now you can try and beg Montreal to reissue it. If they do not you will have to start over with her. Contact them asap, it is all you can do. 

Edited May 15, 2023 by Ontarkie

[stuckinlimbo 1]

1 minute ago, Ontarkie said:

You should have had her cross to endorse the visa, with you or the other parent. Now you can try and beg Montreal to reissue it. If they do not you will have to start over with her. Contact them asap, it is all you can do. 

Understood, thank you!

[Ontarkie 13,918]

3 minutes ago, lomnd said:

Understood, thank you!

You're welcome, and good luck. 

[throwitaway 189]

3 hours ago, lomnd said:

Hi. Unfortunately my 1 year old child's immigrant visa expired last week. Because I'm still waiting for my visa, I could not cross the border with her. 

 

Anyone has similar experience? Or that's it for our immigration?

 

Thanks!

Did your husband cross at least? I remember you’re DV.

[stuckinlimbo 1]

1 minute ago, throwitaway said:

Did your husband cross at least? I remember you’re DV.

Yes he did.

[throwitaway 189]

11 minutes ago, lomnd said:

Yes he did.

Your husband could have crossed with the child, or you could have crossed with the child. If Montreal does not re-issue the visa (note it will require another medical), your husband can petition for you two, but it can be a few years living apart. If you are issued the visa this year, after 221g, I don’t imagine you would be going? What a situation. 

Edited May 15, 2023 by throwitaway

[Pearljamm 40]

Hey guys! 
 

I hope everyone is doing well. 

 

I just wanted to let everybody know I travelled to the states with no issues at all, in fact it was the smoothest process lol.

 

I am considering filing writ of mandamus and got in touch with Goldstein, Hacking, and PIC as we are discussing the best option for us.

 

Goldstien and hacking told us we would be eligible to file a case after 60 days (43 days left) and still waiting to hear back from PIC, they said they’ll contact us within 24 hours.

 

Will keep everyone updated.

 

for those who filed , which one did you find the best for you?