Superluminal
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I believe what we are all interested in knowing is: - Are worldwide cases of AP, and those with a DS-5535 in particular, currently processing very slowly or at a standstill? - Is this just a Montreal phenomenon? - What is the reason for the standstill? - When will the standstill end? As many people have pointed out, the majority of folks who got into AP at the end of 2022 seem to all be through the gates. However, the last time a person in AP heard back from the consulate to provide medical / passport was in October, which means nothing has come out of the Montreal consulate in almost 6 months.
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My interpretation of this is different then the lawyers. First-in first-out means if your case is next in line that they can't complete any other cases until yours is complete. However, some cases take longer than others and they are likely doing several in parallel. As a result, some cases will clear faster than others. That does not mean that they don't process the DS-5535s in a particular order.
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I had a couple of updates that were WOM related. One shortly after the consulate received news of the WOM, and the 2nd shortly before we got a Motion to Dismiss. My guess is it had something to do with them pulling information from my file. Crickets since then as I've never asked them for an update directly.
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I second this piece of advice. I have found land travel to the US much more difficult than air travel, which I attribute to the fact that I always have a return flight to Canada booked. Hard to prove when you will return if you are driving in and out of the country. For the new folks worried about travelling while under DS-5535: I'm actually writing this at Pearson on my way to see my wife in the US after clearing customs. I have gone back an forth over a dozen times without too much difficulty. Be honest your current status if they ask you questions about your immigrant intent. Try and have several reasons you will return back to Canada (i.e. flight back, work, medical appointments) with supporting evidence. 9 times of out 10 they don't ask but it pays to be prepared if they do.
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Looks like we are back to radio silence from Montreal. It's truly amazing how many folks are getting added to the list and how few have been processed. I also think most of the folks who have heard back did so back in September / October. Has anyone been asked for a 2nd medical / to have their passport sent into the consulate in Nov / Dec / Jan?
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I personally have avoided emailing them for a few reasons: 1) They basically said on their website to not ask for updates until you are waiting for at least 6 months. This no longer applies to me since we've been waiting over 9 months at this point. 2) I left it to our lawyers to coordinate since they were filing a WOM. This also doesn't really apply to us anymore since we decided to not fight the MTD we got in October. 3) I would rather learn of unsolicited updates from CEAC then be getting regular updates from me e-mailing them. Maybe this isn't a good idea though since someone had just mentioned about "building a case". It would seem there is no "right" thing to do
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I would vote against this. Perhaps I'm biased being from a pretty vanilla British / Irish ancestry background, but I feel like it is a bit of a red herring. It seems there is no way to know for sure the reason any individual ended up in AP at the Montreal Consulate. It seems relatively well known that travel history, education, name commonality, previous citizenship seems to be linked to an increased chance of AP, but the fact anybody can get AP (including apparently 6 month old baby), there is always the chance that you got unlucky. I think we even struggle to differentiate DS-5535 vs missing documents vs resume requests in our tracker, which I am pretty sure are all different categories of 221(g).
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- montreal k-1
- montreal canada
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We hired a firm in Toronto to take care of our application. They were actually pretty incompetent and made several mistakes throughout the process. They probably added 9 to 12 months to the overall process and then we get hit with AP / DS-5535.
- 2,957 replies
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- montreal k-1
- montreal canada
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The group in here is a biased sample set as people who get put in AP and are out "quickly" are less likely to join a forum and figure out what's going on. It does look like a few people have gotten unsolicited updates last week which may mean things are starting to get moving. I for one have not gotten an update but my interview date was the end of April.
- 2,957 replies
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- montreal k-1
- montreal canada
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Just for clarification, when you say unsolicited update, are you referring to the case last updated date on CEAC?
- 2,957 replies
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- montreal k-1
- montreal canada
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I read the whole article and it seems his trouble started when he was living in the US unlawfully when he got married in the US. Either way, a Supreme Court ruling could impact how consulates behave. Sounds like worst case scenario is the status quo.
- 2,957 replies
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- montreal k-1
- montreal canada
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Don't you have to cross the border into the US with the green card to activate it? How are you applying? IR/CR, EB?
- 2,957 replies
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- montreal k-1
- montreal canada
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Sorry - one more thing. Is it IR-1/CR-1 or something else? I think I remember you saying it was a spousal application
- 2,957 replies
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- montreal k-1
- montreal canada
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Minding sharing your details so I can add you to the tracker? Required: - DQ Date - Interview Date - Date you got DS-5535 - Date you sent in your DS-5535 - Did you file a WoM? If so, when?
- 2,957 replies
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- montreal k-1
- montreal canada
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I was just thinking yesterday how we haven't seen an update in almost 4 months. Congrats! I added the info you've provided in the spreadsheet. A couple of questions: What day in Sept did they email you? When did you send everything in? Please keep us posted when you finally get the passport back in hand.
- 2,957 replies
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- montreal k-1
- montreal canada
- (and 11 more)