ConsistentCut
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Gha reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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throwitaway reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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Thanks very much. You did a fine job explaining, my reading comprehension is just poor. My wife's best friend is actually a lawyer although not immigration, so perhaps she can help us as well. Going to look into it.
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- montreal k-1
- montreal canada
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Ah ok, that's much clearer what you mean now. My initial thought would be that it was important, because a background security check is obviously important and the government needs some time to run it, so you can't just file a WOM 2 days into your application. Perhaps this is bad logic. According to that case you posted, a "reasonable time frame" is actually one of the conditions of a successful or unsuccessful WOM, but what that time frame is varies by jurisdiction, and is ultimately determined by the court. Who was your lawyer, if you don't mind me asking?
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Ya like I said I'm no lawyer but I see way more differences than similarities between the case mentioned and what little I know about the Canadian side of things. In the end I'll obviously just follow the advice of our lawyer.
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Ya but this case takes place in Russia where "Right now, the Moscow Embassy can only process immigrant visas in "life-or-death emergencies" or "age-out cases." seems to me this doesn't apply to Canada. Two people from this very forum received approvals the same day I had my interview. The five points of the case suggest a "reasonable time frame" varies by jurisdiction. The court seemed to rule that 3 years in Russia is, in fact, reasonable. I don't find that hard to believe at all. Now I'm no lawyer but that's what the case says. The timeline for Canadians would likely not be more than 6 months or so, especially considering the already well established integration and cooperation between intelligence services to determine security threats. Probably also the reason some lawyers suggest to wait that long: it has precedent in case law. It's likely much harder and takes much longer to background check a Russian citizen, for example.
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Denials hold up in court? Of course they do. Some people don't qualify to immigrate to the United States. Some do qualify but then are rejected for being security threats or other reasons. In my case, there is positively, 100% and without question, zero reason to deny my spouse this immigration benefit. Zero. This is, in my opinion, why they move so fast to approve visas as soon as they get served the WOM: they have no reason to deny it. Comparing DV with a yearly deadline to IR1 which is a citizens RIGHT under US law is like comparing cheese and chalk. They may be tangentially related to immigration, but they aren't the same thing at all.
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What do you mean fail? Fail to force the government to make a decision, or fail to lead to an approval? They are two completely different things.
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They still have to have a legitimate reason to deny you. I'm pretty sure "we extreme vetted him for 12 months after his interview and found nothing" won't hold up in court.
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@ThisIsHell and it was for his wife I believe
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After a couple days to cool down and read through all 230 pages of this thread I've accepted the situation. Seems like people either get approved in the first 4 months or are waiting for a year or more. My case has been updated both days since the interview, but I dunno how much that really means. As far as the "previous passports" thing all my research has confirmed my opinion that this question is referring to passports with other countries you may hold that have been used to travel. Your Canadian passport has machine readable lettering on the bottom of your bio page that directly refers to any previously expired canadian passport you've ever held, so the US government already has access to your expired passports. It also makes no sense to tell someone to submit a questionnaire that "takes 60 minutes" the same day if they require you to dig up 40+ years of expired passport history. If I'm wrong, I guess I'll find out eventually. The fact they are giving the DS5535 in concert with missing document requests as well as giving it to kids and babies virtually guarantees it is a (badly) automated procedure outside of the consulates control. I really feel like I was dinged before I even handed my documents over. Just a general intuition I guess. There is absolutely no legitimate reason at all why this was required of me. I am squeaky clean legally, have no suspect history of any kind, have a very uncommon english name that until a few years ago wasn't even Google-able, have only travelled outside north america once, and that was to western europe where I met my wife in 2015. Prior to that my last international travel was a trip to seattle in 2004. I pray for everyone in this thread on AP due to the DS that their cases will clear asap and without having to sue. After this long a road and so many hiccups in the way, we don't, unfortunately, expect anything but the worst case scenario regarding this and will not be waiting much longer than 90 days before taking legal action. Hopefully it gets approved naturally before then. I chalk it up to Covid. With all the supply chain issues our societies are experiencing it only makes sense there are major issues with the immigration chain too. It's appalling and frustrating, but "it is what it is." All the best.
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part IV, the big IR1/CR1 DQ'd message group...
ConsistentCut replied to Hawk Riders's topic in Canada
221g is a refusal, for any reason. My refusal was written in as "Adminsitrative" and signed below by the CO. The application was fully intact, and he said it "looked fine." -
part IV, the big IR1/CR1 DQ'd message group...
ConsistentCut replied to Hawk Riders's topic in Canada
I didn't say a 221g was the same as a DS5535. I said MY 221g was a refusal due to AP, which is exactly what's written on the 221g paper. -
Ya I'm not arguing with you. There is no definitive answer because there isn't anyone "inside" we can talk to. When the guy told me to send it in "asap, like today" it precluded running around collecting expired passports. They know your passport history in Canada when they see your bio page. It's functionally the same passport, just an updated version. I instantly assumed they meant other passports from other countries. THAT would make some sense, I guess. So that's what they got. If they want anything else, they can specifically ask.
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It says any passport you have other than the one you applied with. My opinion at the time was this meant any other countries passport. All of your previous canadian passport numbers are listed at the bottom of your current one's photo page. I'm not sending them anything else.
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emergence reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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ConsistentCut reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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ConsistentCut reacted to a post in a topic:
The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)
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In 2018 I told the border agent I was crossing to get married and he let me in. Returned the day I told him I was gonna. I've been there 15 times in the last few years with not so much as a handful of questions. Never lied, never even thought about lying. Never even thought about thinking about lying. This is random nonsense. There is no reason for any of this.
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Ya I feel for you. I dunno why you haven't filed WOM yet, but you obviously have your reasons. We're filing it weeks before the lawyer even suggests we do it, to make up for the weeks or months of bureaucratic baloney we expect to encounter. I don't expect one inch of natural movement in this process. Maybe we get lucky, but that would go against what we've encountered so far. It's either a lawyer or wait for years, so screw it. We're committed.