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EternalWait

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  1. EternalWait
    Yes, a few EBs in November and some in December 2022 DQs just got their IL. @Alex Nzo@ImanRS @neds@Wcr984 Did you receive yours?
  2. EternalWait
    Actually as far as November 2, 2022 have been called (not expedited), though this is not from this forum and is anecdotal.
  3. EternalWait
    If you did that, then your DQ date was reset to the date you entered the new info. Notice that you did not need to do that and lose your spot in the queue. You can always add a new derivative after being invited to the interview by contacting the embassy/consulate https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview/appointment.html#int12 " Can I include my children if they were not originally part of the case? If the visa for which you are applying allows derivative children, your unmarried children under the age of 21 may be added as derivative applicants after your interview has been scheduled. You must directly contact the embassy/consulate to request specific instructions. At the interview the added applicant(s) will be required to pay the same fees, and submit the same forms and supporting documents as the original applicant(s)."
  4. EternalWait
    That was for the last month batch. I am talking about recent (the last few days). I got the news through other social media groups. Trying to verify it here with others.
  5. EternalWait
    Sorry for @-ing too many people but : @Mano001@Hannahblue13@KO7@xpei.1983@LAB_BD@neds Have you received an interview letter from Montreal recently? Just checking in since apparently they sent out a batch of invites spanning a few months of DQs up to October 2022, and your DQ dates are close to or actually in that range. 🙏
  6. EternalWait
    I should have perhaps clarified (don't remember if this was already in my answer) that the nonimmigrant status can not be that of a visitor before filing for AOS. Although ... there is a way to do even that (see the link I sent), but it is only accepted in exceptional circumstances, e.g. if you can show real undue hardship if you were to return to your country. So forget about it unless that applies to you.
  7. EternalWait
    Yes, having an approved petition is not proof of intent. But I would caution that immigration intent is made once you have paid the IV fee and have created your IV case at NVC. However, as it has been said before, even then, there is an argument for nonimmigrant intent that one can make: having a pending interview actually illustrates your intent to return to Canada once you are called for interview, therefore a factor that should be viewed as pushing you to leave the US (esp. once your nonimmigrant visa expires). @Froozion: related to your question: there are people who have even been AP'ed and then have applied for TN at the land border and have been able to enter the US. It's all a matter of convincing the officer at the land border that your nonimmigrant intent is genuine by reminding them that you will return to Canada if your AP clears and more importantly, that your ties to Canada compel you to return once the TN visa is over (you've not sold your house, you have immediate family members in Canada, or that for example you will be working for the same company but in their US branch, etc.).
  8. EternalWait
    Your nonimmigrant status in the US is not cancelled as a result of getting AP'ed in MTL for your IVP. It is likely that when you try to reenter the US on your nonimmigrant visa the border officer asks you some (more) questions, but that's about it.
  9. EternalWait
    Some fascinating insights into the DS5535 vetting process: https://redeaglelaw.com/blog-1/f/administrative-processing-backlog-of-66000-visa-applicants : 1- "Among the revelations from the declaration, only 37 State Department analysts are responsible for the national security vetting of DS-5535 responses, causing a backlog to explode. Currently, 66,000 visa applicants are stuck in administrative processing." 2- "Secondly, Mr. Wu declares that “SAO requests can be neither addressed nor resolved in a first-in-first-out basis.” This revelation exposes the lie that government attorneys have been consistently telling federal judges across the US: that visa applicants in AP who are filing mandamus lawsuits are attempting line-skipping in front of others in a queue or line. There is no queue." 3- "generally, security vetting is concluded in 75 percent of visa cases requiring additional security vetting in approximately 120 days. Security vetting is concluded in over 90 percent of all cases requiring additional security vetting in less than 24 months." I encourage ppl to read the report in its entirety.
  10. EternalWait
    If there's nothing in Canada for you that forces you to stay, and eventually you want to move to the States, then I'd suggest you move to the States, even if it is with a nonimmigrant visa, so long as that visa allows you to continue the work in your field of expertise. When you are getting interviewed for the visa, ensure to prove your genuine nonimmigrant intent and point out that you have filed for consular processing, hence you will return to Canada once you are called for interview. There is a chance your visa application gets rejected, but I know people who have been able to obtain nonimmigrant visa while being in the consular processing phase of their immigrant visa application (some even post-interview, in their administrative processing, although they got lucky there!). Once you enter the US, you will at least be able to live in the US until MTL calls you for interview. In fact, if a long enough time has passed and you believe that you can no longer wait for MTL, you can file for AOS. Simply because you entered with a nonimmigrant visa does not mean you can never file for AOS. If that were the case, pretty much everyone in the US that obtained a greencard would be caught for fraud. The test is whether enough time has passed that would justify a change of the original intent. For example, consider the many students in the US who are on a nonimmigrant F1 visa finishing their PhD and file for AOS around their fourth or fifth year of study. Did they commit fraud? You would say no, because even though their original intent was that of a nonimmigrant, enough time has passed that makes sense for them to change their intent. But then what is enough? Four years? what about three or two or one ? Who determines the exact definition of "enough"? The answer is the government and in this case, the USCIS . The USCIS has long had the 30-60 day guidance in place, and more recently replaced it with a 90 day. Basically if the applicant files for AOS less than 90days of declaring nonimmigrant intent, there's a presumption of immigration fraud, which the applicant must overcome (by for example providing evidence that their situation has changed). If it's more than 90 days, then the guidance leaves it to the officer whether to not do anything or to ask for more evidence from the applicant to justify their change of intent. Here is a reference on that, but a quick google can give you more info of course: https://www.lawfirm4immigrants.com/the-90-day-rule-explained/ Again, to be absolutely clear, you will need to enter the US with an intent to return to Canada for consular processing, so your nonimmigration intent must be genuine. If a long enough time has passed that you believe warrants a change of intent, and that you have enough evidence for it, then AOS is a legitimate option to explore. But do contact lawyers, esp. those who are more familiar with cases that file AOS for family applicants that are more likely to be in a similar situation.
  11. EternalWait
    @Nikki2023 Hi Yes I transferred a bit more than a year ago. No I haven't gotten it yet, but I expect it in the next batch or so. I will DM you.
  12. EternalWait
    In case anyone has trouble accessing the website, a VPN-based connection routing through a US-based server fixes this. This is a US government website, that's probably why there's such a restriction on foreign IPs.
  13. EternalWait
    This is not a legal advice but : one thing you could try is to make an expedite request, which sometimes gets forwarded to the embassy/consulate. Mention how the timeline in their own website indicates that they are well past your DQ date, but you haven't been invited yet. Mention that this completely violates their own 'first-dq'ed ---> first-invited' stated policy. and add to that any document you have regarding job/opportunity loss.
  14. EternalWait
    Hey Everyone, I wanted to bring your attention to the following https://www.regulations.gov/document/DOS-2023-0028-0001 The government posts its regulations for comments and feedbacks from the public and stakeholders. This time , they are asking about DS-5535, and the deadline to submit comments is Nov 21 , i.e. in three days!! Go to the website above and click on comment as shown below. Try to express your opinion involving your unique experience and argue that this process has less pros than cons. You can post your comment anonymously or share your first and last name , which would be of course better to make the comment look more from an actual person. Note you do not need to be living in the US to submit your comment. To be clear, this is probably not gonna be effective in the end, but it's the least that people waiting behind AP can do. Best of luck.
  15. EternalWait
    I remember we signed a petition with 200+ people . Didn't expect a thing coming out of it, and I wasn't surprised either. Basically, they don't care. So try to change the VO to some other place if you can (you have to be either a resident or citizen of another country) Otherwise , I guess the best you can do is to either just completely forget about it or let it loose in their twitter timeline, so that at least you feel a little bit better. Though I personally recommend the former for your own long term sanity
  16. EternalWait
    I haven't been interviewed yet, though I should be invited in the next few batches based on where things are right now at my assigned CO. But like I said, I am in a group where there are hundreds like this, and they all get more or less invited as you would expect them based on their DQ date (not on their transfer date). Also my case is not exactly the best test case, as I changed my embassy at the same time of getting DQ'ed. Were my DQ date to be reset to my transfer date, it would be like a two or three days change, so that wouldn't impact much when I get the IL. But I know ppl who have transferred even after a year of getting DQ'ed, and they were invited to be interviewed at the transferred CO based on their DQ date not on their transfer date.
  17. EternalWait
    Reviving this old thread because people have been DM-ing me. So here it is: Changing the assigned embassy to a case is quite common and can be done by a simple public inquiry https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html . Your request can be as follows (this is how I did it myself): Dear Sir/Madam, I would like to request a change of venue to the U.S. Embassy (OR CONSULATE GENERAL) in DESTINATION CITY Y, DESTINATION COUNTRY X. I am a citizen of DESTINATION COUNTRY X (OR A COUNTRY Z WHICH CITIZENS ARE ALLOWED TO BE INTERVIEWED FOR IV AT COUNTRY X), so I am eligible to undergo IVP in CITY Y. I have included a copy of my passport and birth certificate with certified translation to support this request. Thank you for your time and consideration of this request. If you have any questions or concerns, please do not hesitate to contact me. Attach your petition approval notice and passport+birth certificate+translation to this request in ONE pdf. Check the https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html under public inquiry response time to get an estimate of how long you should wait for a reply. You will realize your request has been accepted once you see that you cannot log in to your CEAC with your case number! That's when you know that in a few days you get your new case number in an email. Is it possible for your DQ date to change? There is a very very small chance it changes (we have had very very few cases like that in a thousand member group that I am in, with probably hundreds of transferred cases). This change would be against the rules of NVC! But the NVC officer may not know about it and that's why they do it. You will realize that has happened once you get your new 60 days notification from NVC, which states your DQ date. IF for any reason you do not get that notification, or you get it and it states a different date, immediately contact NVC to ask for confirming your DQ date. If the DQ date has changed, you can fix it back by contacting the NVC, and explaining to them your situation and that changing embassies should NOT change the DQ date by NVC rules. (and yes, we have also had cases that successfully fixed their DQ date back to what it should be). Have patience (a lot) and best of luck with your transfer. P.S. You don't have to wait to make this transfer. In fact, You can make this request after your case has been created at NVC, and before you have even submitted your DS260 (so even before you get assigned a DQ date!). And that's what I'd suggest you to do. I myself submitted my request after mailing my civil docs with the old case number (I have to mail because my case is EB) and before getting DQ'ed!! I didn't even give a headsup to NVC ! but the officers were surprisingly organized enough to send my DQ letter and new case number in one email! Lastly, In case you have not sent/uploaded your civil docs and are making this request, they may also send you a new coversheet for the submission of your civil docs (if your case is EB, then you have to attach that to your mail). If they don't, then use the previous coversheet but strike the old case number and attach a letter explaining that your case number has changed but you did not receive a new coversheet, hence why you are using the old one. Hopefully this should answer any and all questions (and I won't get a DM anymore ) .
  18. EternalWait
    I guess it would depend on your FSC among other things. But it's quite random, generally you should expect ~ 6 months on average (although officers tell applicants that it'll done in 60 days).
  19. EternalWait
    They filed a WoM about two months after getting AP'ed and got their case cleared a month later.
  20. EternalWait
    @LAB_BD @neds @Alex Nzo @Texasbound1 @ttt_mtl Hey Guys! Since you are the "next in line" , could you please update us if you have received the IL? Thanks 🙏
  21. EternalWait
    of course, and we are all here talking about current EB2cases, no matter the FSC and visa category, none is getting invited. From our perspective, it makes no sense, that's why I imagine there's stuff going on that we don't know about. Potentially the lack of visas is even more severe and more retrogression is expected hence why they are holding off.
  22. EternalWait
    My own embassy (it's no longer MTL) did the same, tons of current EB2 cases not getting invited. Probably order from above telling embassies to stop inviting until they know for sure that they have enough visas for those who already interviewed/in AP/have filed I485.
  23. EternalWait
    Quite high, esp. at MTL. As for your wait time unless you are from the healthcare sector or have a medical emergency situation to expedite your case, given your DQ date, you should assume up to a year of wait time from now. MTL has stopped inviting EB2s because of retrogression. They may pick it up in a few months again but they have a lot to go to reach from Jan 2021 DQs to now.
  24. EternalWait
    Taking a look at the DOS stats, we see EB2s form the majority of EB cases and they haven't been getting ILs in the last batch or so (retrogression, as we have discussed it here). Taking a look at the spreadsheet and we see the latest DQ date for an EB2 invitee was Apr 2021, but I know people from before that date who haven't received their IL yet. So that stat on the website is not far from reality .
  25. EternalWait
    Not for the family/IR cases. But for EB, yes. Latest ILs sent to those DQ'ed on Sept22.
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