Post Interview Passport Holding Period

[CanadianGirl3 2]

I’m currently married to a US citizens and am residing in the US on a TN visa (work visa). I am DQ’d and waiting for my interview date at the Montréal embassy. My question is, after the interview, does the embassy hold onto your passport? What if I need to get back home to the US or even toronto, how would I travel if they hold the passport for two weeks. Would I have to stay in a Montréal hotel?

[SalishSea 17,928]

Well, you can always request your passport back.  But they will not issue a visa without it, obviously.  Some Canadians encounter extended administrative processing after their interviews, and you will not know until after.

[Lemonslice 4,886]

1 hour ago, CanadianGirl3 said:

I’m currently married to a US citizens and am residing in the US on a TN visa (work visa). I am DQ’d and waiting for my interview date at the Montréal embassy. My question is, after the interview, does the embassy hold onto your passport? What if I need to get back home to the US or even toronto, how would I travel if they hold the passport for two weeks. Would I have to stay in a Montréal hotel?

You would not need your passport to travel to Toronto, or elsewhere in Canada.  Just another piece of ID.  Realistically, you will be without your passport for a few days (at the very least) - be it that you return it later by mail, or wait for its delivery after the interview.  

[bkoz 13]

14 hours ago, CanadianGirl3 said:

I’m currently married to a US citizens and am residing in the US on a TN visa (work visa). I am DQ’d and waiting for my interview date at the Montréal embassy. My question is, after the interview, does the embassy hold onto your passport? What if I need to get back home to the US or even toronto, how would I travel if they hold the passport for two weeks. Would I have to stay in a Montréal hotel?

Be aware that you may be denied entry into the US under your TN status as the IR-1/CR-1 interview constitutes evidence of immigrant intent that may conflict with the non-immigrant intent requirement of the TN status. Unless you're placed in extended Administrative Processing, you have to plan to stay in Canada for a few days until the passport with your visa catches up with you.  To lessen the chances of going into Administrative Processing, book the earliest medical appointment you can get once you get your interview date, and make a day-trip to Canada out of it. I don't think they deliver the passport to a hotel, either, so you might want to look at staying with family/relative/friend/etc. living in Canada.

 

You can fly domestically in Canada with a Nexus card or a Real ID-compliant or enhanced US driver's license.

Edited September 13, 2022 by bkoz

[throwitaway 190]

On 9/13/2022 at 12:53 AM, CanadianGirl3 said:

I’m currently married to a US citizens and am residing in the US on a TN visa (work visa). I am DQ’d and waiting for my interview date at the Montréal embassy. My question is, after the interview, does the embassy hold onto your passport? What if I need to get back home to the US or even toronto, how would I travel if they hold the passport for two weeks. Would I have to stay in a Montréal hotel?

Be warned that Montreal is notorious for AP, especially for Canadian citizens. I’m talking possibly months, there are some in the “dreaded” thread close to a year. Wouldn’t AOS be better? 

[CanadianGirl3 2]

1 hour ago, Throwitaway1988 said:

Be warned that Montreal is notorious for AP, especially for Canadian citizens. I’m talking possibly months, there are some in the “dreaded” thread close to a year. Wouldn’t AOS be better? 

Can you explain what is AP? And are others experiencing a long time with getting their passports back?

[throwitaway 190]

Montreal likes to hold on to people’s passports for a really long time while they do background checks. This can become more than an inconvenience because you might have issues at the border if you try to return before they finish their checks. 

Edited October 3, 2022 by Throwitaway1988
Clarification

[mam521 2,103]

On 10/2/2022 at 11:28 PM, CanadianGirl3 said:

Can you explain what is AP? And are others experiencing a long time with getting their passports back?

AP =  administrative processing

 

Everyone goes through AP.  Typically, it's short - tying up loose ends with background checks, etc - and you get your passport back within 2 or so weeks.  HOWEVER, if the CO in Montreal deems anything out of place, you can be put into an extended AP period and asked to provide more information or, worse yet, be handed a DS-5535 which is a more extreme vetting.  Most AP cases are missing medicals, incorrect PRC, issues with the I-864 but are still taking 6-12 weeks for review.  The later requires extensive travel history for 15 years to be provided in addition to other requested information.  Thus far, very few people have made it out of Montreal DS-5535 purgatory without filing a WOM.  

 

This is not to scare you, but rather to inform you of the challenges you may face.  The risk with consular processing is that the assumption is you do not life in the US - you live in the country where your interviewing consulate is and all information provided by the consulate says do not plan to move to the USA until your visa is in hand.  Others have mentioned the risks with being on a TN and potentially being denied reentry into the US.  Most people who've been stuck in DS-5535 purgatory have been able to visit on a B1 tourist visa, but some have faced scrutiny from the CBP officers.  

 

On the positive side, if you make it through unscathed, you will enter the US, able to work and remove the restriction on your SSN as well as travel without issue.  There's a spreadsheet in my signature that shows timelines of IR/CR-1's in Montreal if you want to get a feel for how long it's taking and who's been put into extended AP.