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ShawnK

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  1. ShawnK
    The CBC just had a story on it, tech folks from Bombay appalled at the cost of the living/low pay, high taxes in Canada etc..in the story it specifically mentioned people sticking around so they could become a citizen and get a TN in the US, where there were much better opportunities to grow their career and buy homes. This is a well-known thing in certain communities, probably since the 90s. People give the US a lot of criticism, but it is the place to be. So did the lawyer suggest you just wait? At least he is honest.
  2. ShawnK
    Anyone can get it, however, more likey if you have an Islamic name or born in/travel to Islamic countries. Any Middle East country , especially Iran/Iraq almost always = endless admin processing, Pakistan, Afghanistan...yep you will be in admin processing for a long long time. Somalia too. Basically they want to discourage folks from certain backgrounds. They don't care if you are a Canadian citizen, they look at your background. Also, I think Canada has a reputation for being more lenient on immigration, letting in people the US wouldn't, so I think that is a factor as to why they are so strict. You won't just waltz your way to a greencard, the United States is the greatest, richest and most powerul nation to ever exist, top bond and capital markets. Immense power. They will make you really earn that greencard.
  3. ShawnK
    You may also file in the state where your spouse lives, if you look on pacer, other districts (especially California, Texas, NY) don't really waste time fighting these cases. DC is a very tough district, avoid filing there if you can. I think for many WOM is the only way out, even after a year they aren't required to finish processing you. They can keep this going forever.
  4. ShawnK
    Very unfortunate. They seem to be giving these out like hotcakes. It's odd they would rather fight than just spend 30 min and adjudicate.
  5. ShawnK
    So after researching this a bit more, if you do need to file a WOM, it's DC and Maryland that you want to avoid. The DC area seems to give more dismissals, something to discuss with your lawyer.
  6. ShawnK
    If one is going to file a WOM , please ensure your lawyer has experience fighting cases, if it were to come to that. This summer something has changed, they are now pushing back on this because a judge dismissed a case stating even 16 months is not too long. So now the US attorney is running with this, they seem to be fed up with WOM cases. order .Order Mon 07/10 4:47 PM MINUTE ORDER: This matter is before the Court on sua sponte review of Plaintiff's1 Complaint. Plaintiff alleges that Defendants have not adjudicated his pending EB-3 immigrant visa application within a reasonable time as required by statute. Currently, the application has been in administrative processing for only sixteen months, which is almost certainly a reasonable amount of time. See, e.g. , Eljalabi v. Blinken , No. 21-1730 (RC), 2022 WL 2752613, at *6 (D.D.C. July 14, 2022) (collecting cases). As such, Plaintiff shall SHOW CAUSE on or before JULY 31, 2023 why Plaintiff's Complaint should not be dismissed sua sponte for failure to state a claim. See Turan Petroleum, Inc. v. Ministry of Oil and Gas of Kaz. , 406 F. Supp. 3d 1, 3 n.1 (D.D.C. 2019) (explaining circumstances where court may dismiss complaint for failure to state a claim sua sponte ). Signed by Judge Colleen Kollar-Kotelly on 7/10/23. (lcckk3)
  7. ShawnK
    Told by lawyer I checked in with, I've been asking around. He said the judge dismissed the case (had been pending for 16 months after the interview ) and now US attorney is running with this. Atleast he is honest. I guess if you do file, anyone who does, make sure your lawyer has lots of experience with fighting a motion to dismiss, ask them about it in detail, how they would respond etc..
  8. ShawnK
    Hello guys, just note , recently a judge dismissed a case that had been pending in admin processing for 16 months, judge said not unreasonable, this was Aug 1. Be careful wasting money on WOM, they won't approve them anymore.
  9. ShawnK
    Hello just a heads up for everyone, just consulted with lawyer who handles these cases, when asking about timelines was told more and more the US attorney is starting to fight back with motion to dismiss, after asking for multiple extensions. This delays things. This is a new trend they are seeing this summer. Just keep this in mind. It seems now it won't be easy to just get an approval with WOM. Very depressing.
  10. ShawnK
    Excellent, that is exactly what I will do.
  11. ShawnK
    Thanks, so if I go ahead and renew my passport right now (while I wait for the DS5535 to be processsed, passport was returned at interview expires in about 6 months as of today ), will that cause any issues when sending in the new passport for visa stamping? Obviously the new passport will have a new # that will not have been mentioned to them before?
  12. ShawnK
    Quick question, when the embassy does finally request your passport, is there a certain amount of time your passport has to be valid for? For example , would they require your passport to be valid for a minimum of 6 months ?
  13. ShawnK
    Thanks, I think they couldn't care less about our emails and personal situations. I guess for me I may just have to be prepared to file a WOM as soon as the lawyer is willing , waiting 6 months to file will be too much in my situation. If I didn't have the work thing I would have zero issue waiting it out.
  14. ShawnK
    Congrats, it's about time! Very nice to see the veterans of this thread get cleared out. You are good to go now, as so as you send your medical and passport in they will quickly issue.
  15. ShawnK
    Good points. I'm just so confused on what to do, I'm wondering what some of you would do in my situation. I have a work opportunity in the US with my current employer, they'd like me to move to our US head office as soon as I can. When offered this role I was literally a week or two away from my IR1 interview , they agreed to let that work out. When the DS55 bs happened, I obviously told them and they've agreed to let me work from Canada while this works itself out. However, I worry their patience with me will run out.
  16. ShawnK
    Thanks for that. I really hope this is true.
  17. ShawnK
    I'm thinking of PIC too, how much were you quoted?
  18. ShawnK
    Congrats. By any chance, during those 80 days, did you see updates to your ceac status (I mean updates where you didn't email them, case status updating on it's own)? At my interview in April 2023, the CO told me " these (DS5535) do not take as long as they used to". I'm not sure how true that is but lets see what happens.
  19. ShawnK
    Hi, sorry you are in this process. They usually send it by the next day or after a week or two, a few posters here waited about 2-3 weeks. I would just send them a very kindly worded and short reminder email, ensure your case# and name in the line. You can even put "please send the Ds5535 form" in the subject line. Send it to Montreal-IV-DV@state.gov They will send it to you this week or next. Also, ensure you check your junk/spam folder. Again, sorry you are here, hope you clear fast. I'm praying for all of us to clear.
  20. ShawnK
    Thanks, so assuming you bring adequate proof of ties , you are ok to enter as a Canadian on B1/B2? Even if under AP with DS5535? Just curious if anyone was asked by cbp about their DS5535, I am assuming they will see it when they scan you in, and if you have to go to secondary to explain.
  21. ShawnK
    In terms of travel to the US, there is a big sticker on the back of my passport from the interview day? Would that cause a flag? Anyone have any issues with that and what did you say to cbp?
  22. ShawnK
    Small victories my friend...small victories (looking forward to leafs losing in the first round). On another note, I know this thread is full of dread but if you and your family are healthy, you've won the lottery. There are folks getting news about masses in their liver, kids with cancer. Lets keep some perspective.
  23. ShawnK
    Thank you, I will email them. In the mean time..I have never been religious , always doubted..but I pulled a Bart Simpson prayer(that classic episode where he gets a snow day ), seems like in the darkest times you seek out God. That is all I can do at this point.
  24. ShawnK
    I'm in this hell too, interview last week , all going well then handed back passport and refusal asking for the DS5535 form. I have no shady/criminal history or odd travel, just US Canada Mexico. What I do have is the most common male Muslim name and I think that's what did it. I don't work in any TAL occupations. I've been very very depressed/gutted all week. Feels like getting punched in the gut. Like you did something wrong. The consulate was full of terrified and stressed-out people. This was a huge fear of mine and it happened. One thing the CO did say was this is not a refusal and these forms are processed faster now than they were in the past. However, on CEAC I see a big fat refused, ouch.
  25. ShawnK
    How long does it take to get the DS5535 form? Is there a contact email if you don't get it?
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