The dreaded DS-5535 thread for Montreal Only. Post here and support each other (PART 3)

[northface 18]

39 minutes ago, Leo The Great said:

read latest blog on redeaglelaw. There is a hope

 

Nope, point 3 said challenges faced: human ( still 37 ?),budget limit, other agencies tied hands.

They use efforts to find visa ineilgibilities....😔

[JamesLouz 0]

Just had a quick question. 

 

My IR1 visa has been under Administrative Processing for 1 year (due to Form DS-5535 processing). 

 

My visa has not yet been approved.

 

I noticed the other day my DS-260 now says “Re-Opened” in the NVC Portal.

 

I believe this is because the DS-260 automatically Reopens after 1 year in Administrative Processing.

 

My questions are:

• What happens if I just leave it as Re-Opened and I don't resubmit the DS-260? (i.e. I don't do anything)

• When my Administrative Processing is completed, if the Consulate sees that my DS-260 is Re-Opened and not yet resubmitted, what will they do?

The reason I don't want to re-submit my DS-260 at this time is because I plan to travel to several countries soon and I want to make sure that my updated travel history is included in my DS-260.

(After all my travel is completed, which may take some time)

[Leo The Great 83]

8 hours ago, JamesLouz said:

Just had a quick question. 

 

My IR1 visa has been under Administrative Processing for 1 year (due to Form DS-5535 processing). 

 

My visa has not yet been approved.

 

I noticed the other day my DS-260 now says “Re-Opened” in the NVC Portal.

 

I believe this is because the DS-260 automatically Reopens after 1 year in Administrative Processing.

 

My questions are:

• What happens if I just leave it as Re-Opened and I don't resubmit the DS-260? (i.e. I don't do anything)

• When my Administrative Processing is completed, if the Consulate sees that my DS-260 is Re-Opened and not yet resubmitted, what will they do?

The reason I don't want to re-submit my DS-260 at this time is because I plan to travel to several countries soon and I want to make sure that my updated travel history is included in my DS-260.

(After all my travel is completed, which may take some time)

I believed you do not need to provide the updated travel history information after submission of DS-5535 unless consulate request you.

My lawyer told me that consulate cannot request you additional information on the top of submitted DS-5535 unless they lost your DS-5535 form.

Wait for the clearance of your case and then either update at that time or query consulate regarding the update of DS-260 if they do not instruct in your passport request email.

Please update your timelines in the spreadsheet for the benefit of other members.

https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0

Edited April 28 by Leo The Great

[Cholte cholte 4]

Expereince-Driving into the US after getting a DS 5535 

 

Hi..drove in yesterday into the US. I have a GC while my wife's DS 5535 is processing at the Montreal consulate (since march 19, 2024). We both have NEXUS cards and we thought it would be easy. The officer at the border asked my wife if she had a job in Canada. She replied that she had just been laid off. He then asked how long she planned to stay....and she replied 1 mont. We were then asked to park our car and go to secondary inspection. The officers were courteous and let us enter after clarifiying how long she would be staying. Do you always get pulled up for secondary questioning at land borders if you have a DS 5535 pending?

 

It would be great if others could share similar experienes.

[nneettiiee 8]

35 minutes ago, Cholte cholte said:

Expereince-Driving into the US after getting a DS 5535 

 

Hi..drove in yesterday into the US. I have a GC while my wife's DS 5535 is processing at the Montreal consulate (since march 19, 2024). We both have NEXUS cards and we thought it would be easy. The officer at the border asked my wife if she had a job in Canada. She replied that she had just been laid off. He then asked how long she planned to stay....and she replied 1 mont. We were then asked to park our car and go to secondary inspection. The officers were courteous and let us enter after clarifiying how long she would be staying. Do you always get pulled up for secondary questioning at land borders if you have a DS 5535 pending?

 

It would be great if others could share similar experienes.

 

My husband travelled back and forth a lot. We still own and run a business in Canada so they always seemed good. He got pulled into secondary maybe three out of 15 times. He always made sure he had something to tie him to his return. Most often a plane ticket.

[DadofUSCitizen 18]

38 minutes ago, Cholte cholte said:

Expereince-Driving into the US after getting a DS 5535 

 

Hi..drove in yesterday into the US. I have a GC while my wife's DS 5535 is processing at the Montreal consulate (since march 19, 2024). We both have NEXUS cards and we thought it would be easy. The officer at the border asked my wife if she had a job in Canada. She replied that she had just been laid off. He then asked how long she planned to stay....and she replied 1 mont. We were then asked to park our car and go to secondary inspection. The officers were courteous and let us enter after clarifiying how long she would be staying. Do you always get pulled up for secondary questioning at land borders if you have a DS 5535 pending?

 

It would be great if others could share similar experienes.

 

@Cholte cholte Did the officer asked or mentioned anything about your wife's green card application/DS5535? Thanks!

[Cholte cholte 4]

No...he did not mention it...we were not given a reason why we were called for a secondary inspection

 

[DadofUSCitizen 18]

5 minutes ago, Cholte cholte said:

No...he did not mention it...we were not given a reason why we were called for a secondary inspection

 

 

Thanks! So is it possible that the CBO officer does not know your wife has a pending GC application?

[mam521 1,739]

4 hours ago, Cholte cholte said:

Expereince-Driving into the US after getting a DS 5535 

 

Hi..drove in yesterday into the US. I have a GC while my wife's DS 5535 is processing at the Montreal consulate (since march 19, 2024). We both have NEXUS cards and we thought it would be easy. The officer at the border asked my wife if she had a job in Canada. She replied that she had just been laid off. He then asked how long she planned to stay....and she replied 1 mont. We were then asked to park our car and go to secondary inspection. The officers were courteous and let us enter after clarifiying how long she would be staying. Do you always get pulled up for secondary questioning at land borders if you have a DS 5535 pending?

 

It would be great if others could share similar experienes.

Check your wife's I-94 to see how long they issued her stay for.  It may well be that it's only that month.  Having lost her job impacts her ties to Canada and may lead the officer to suspect she will overstay or potentially not return to Canada.  

 

The CBP officer can see that there is an immigrant visa case pending.  That said, a visitor visa is treated as a separate entity to the pending immigrant visa, but the officers can use all information to determine eligibility for entrance into the US and for how long of an authorized stay they will allow.  Always check your I-94 when on a non-immigrant visa.  

[Cholte cholte 4]

How do I check on the I-94.  It does not give the category of the visa? When you check on I-94 website, the "View Compliance" tab  does not give the most recent entry (it has June 2023, whereas it should be April 2024). Also the "View Travel History" does not give the type of visa.

 

 

[DadofUSCitizen 18]

14 minutes ago, Cholte cholte said:

How do I check on the I-94.  It does not give the category of the visa? When you check on I-94 website, the "View Compliance" tab  does not give the most recent entry (it has June 2023, whereas it should be April 2024). Also the "View Travel History" does not give the type of visa.

 

 

 

@Cholte cholte  After correctly entering your Traveler Info on https://i94.cbp.dhs.gov/I94/#/recent-search, you should see a page like this:

 

[Cholte cholte 4]

Hi...I have that page too...but that is dated June 2023...she has made more trips after that...August 2023, November, 2023 and April 2024). How do I get the most recent one. 

[CarmenD 34]

2 hours ago, Cholte cholte said:

Hi...I have that page too...but that is dated June 2023...she has made more trips after that...August 2023, November, 2023 and April 2024). How do I get the most recent one. 

Choose “Travel History”.  “Class of Admission” is the Visa type

[dj222 0]

Any idea what the ds5355 rate is in Montreal? I've heard anywhere between 40%-80%. Might be lower as those would didn't receive one would likely not report in

[Cholte cholte 4]

Choose “Travel History”.  “Class of Admission” is the Visa type.

 

I have that document. It is just that it is not current (it is June 2023, though it should be April 2024). How do I get the most recent one.