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TheMaverick

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  1. TheMaverick
    Unfortunately that is the reality. Anyone with ties to Iran is getting the DS5535 as mentioned on the Montreal 5535 VJ blog
  2. TheMaverick
    Folks some awesome news to share. Just received invite from NVC for an interview at the end of March. Dq date was May 2022 so it’s in line with the website date
  3. TheMaverick
    Is there anyone prior to May 2022 in this group waiting for an appointment. My DQ month is May 2022 and I was hopeful to be in the next round of invites.
  4. TheMaverick
    Question: is this the count of visas issued or the count of immigrant visa interviews conducted
  5. TheMaverick
    So just for your reference you should look at this memo. It clearly indicates you can have future intent. Also as I mentioned earlier, intent is not established until you go for the interview. Even after the interview being in AP is sufficient evidence that immediate intent is temporary since you will leave the country. https://chicagoimmigrationattorney.net/images/stories/tn-nafta-applicant-may-file-140.pdf
  6. TheMaverick
    I don’t think there will be an issue to travel back to the US on a TN if your put in AP. TN is a non immigrant visa just like a B1/B2 and most of the non immigrant visa excluding H1 and L1 have single intent. But on the DS5535 blog there are tons of users who were put in AP and have travelled back to US on their Canadian passport which is basically a visitor entry. So the data is very clear that there is no issue because you already showed intent for consular processing rather than AOS. The rule is very clear that you should not have an immediate intent but you can have a future intent. However your answers at the border need to be well defined. It always has to indicate that you have intent to leave the country. Being put in AP is a good reason because you will have to leave the country for a next set of medicals and drop passport at Montreal. Currently AP in Montreal is taking approx 6-18 months to clear.
  7. TheMaverick
    I am on a TN visa and I successfully renewed my visa while waiting for Montreal. As long as you process via consular processing, intent is expressed only when you go for your visa interview. Filing of I-140 does not indicate intent. Also submitting a DS-260 does not express intent.
  8. TheMaverick
    I am not sure that is accurate. I know for sure that if you opted AOS initially and you want to change to consular processing you have to inform USCIS to abandon the AOS. There is a form to fill and then they send the file to NVC. Also to initiate AOS you should ideally be in the US with a visa that has dual intent(H1 or L1). AOS should never be done with a single intent visa because it’s your liability to prove that when you entered there was no intent to immigrate else that will be fraud. Example you initially entered on TN and at that time there was no petition filed and you continued to remain in US and now you file AOS. So you can prove that when you entered there was no intent. In your case once you have filed with NVC and now move to AOS it’s difficult to prove that you did not have intent. Also if you are doing AOS on any single intent visa it should be done 90 days after entering US and ensure you have ample time left for expiry of your visa. You basically cannot exit the country till you don’t get EAD and AP. I would not recommend going AOS on a single intent visa. Just suck it up with Montreal. Your lawyer just wants to make money.
  9. TheMaverick
    So this is what I can presume is happening. Montreal has not been able to keep up with the post pandemic backlog. To keep their books clean, they have prioritized immediate family and have put everything else on the non priority list. However, the demand for immediate family visa is so high, they fell back to 221G and DS5535. Once a person is in DS5535, they are basically off the reporting hook of Montreal. The monthly statistics only tell how many interviews they conducted. There is no reporting on how many immigrant visas were issued on a monthly basis(probably there is some annual report not sure about that). There is a VJ post on DS5535 which I closely monitor(The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2). There are lot of folks from low risk country(example: born and studied in Canada) still getting the DS5535. There was someone who get admin processing because they had a US visitor visa on an older passport(prior to getting Canadian Citizenship). There are also folks who were born in Iran and moved to Europe at the age of 3. Not sure if they have some internal policy on count of IV issued per month. There was someone saying 1 in 3 are getting tagged for additional processing(not sure if that is a fact because there is no data to back that up).I follow that post because I have a bad feeling that I will move from one wait queue to another wait queue. My country of chargeability is from the middle east and going by what I have read that make me a likely candidate for admin processing
  10. TheMaverick
    My advice to anyone would be if you have any other option exercise it rather than waiting for Montreal. You need to understand that even when you get the interview call the number of folks getting 221G and DS-5535 is really high. Once you get into DS-5535 it could easily be another 8-16 months to get out of it. If you have any visa that has dual intent(H1 or L1) then AOS should be the way to go. I think they were on April 2022 for approx 4 months. Now they moved to May 2022 and god knows how many months they need to move from May 2022
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