AP_since_May2023

Just sharing that since our case updates on Feb 2, Feb 5, and then Feb 12 it's been radio silence. 
 
Gotta love this process. 

The Judge just dismissed my case everyone. After 8 Months of fighting for this Visa for my Fiance, $4000 is now flushed down the drain. 
 
Do not file unless its been 11 months minimum in my opinion.

See Below:
 
 

1.From my observation, it is true that Canada goverment began more tougher background check to immigration appliciants since mid 2023. Similar as DS-5535 process.
2.Another thing is for their job security , tons of 66k DS5535 cases need 66000 working hours to clear (1 hour each case). An analyst working hours is ~2000 per year, so need ~33 staff at DOS to work one year , that is why they requested  budget for it last year. Imaging if DS-5535 gone , where 35 positions gone ?
   

I don't know why, so I can only guess. But I personally don't think it was intentional, it might've been just a side effect because of the criteria they use to trigger DS-5535. Just for example:
 
- Maybe it happens that Canada accepts more people with backgrounds on the Technology Alert List (a bunch of medicine-related backgrounds, robotics, AI and vaguely related things like software development, etc), and those are the people who then also end up applying for US visas.
- Maybe people in Canada happen to be from a more diverse set of countries they were born in, and some of those countries might be scrutinized more. Somewhat related, maybe the names of immigrants from Canada are more diverse and happen to be redflagged more as a potential match to known criminals.
- Maybe there happens to be more information collected by the government and various agencies about people from Canada, and the more data there is about you, the more probability some minor thing ends up triggering the automated "red flag".
 
And it might be not just one single reason, it might be a combination.
Anyway, it's all just wild theories, and your guesses are probably as good as mine.

Hi Everyone,
 
Long read ahead; scroll to bottom for summary (bold).  I’ve been a longtime lurker of this forum since shortly after my interview (in Nov 2022, yes 2022 not 2023).  I did not want to post in this group throughout my visa journey as I did not want to get further obsessed by the whole process, which I cannot change; so for my mental health I decided I would check this forum from time to time but only post when I was near the end of the process so others could get insight from my timeline.
 
Nov 2, 2022:  IR1 interview at MTL consulate.  The interview was very short; barely 2 minutes and I felt like the CO already knew he wasn’t going to approve me (I’ll never know if it’s because of a flag on my name or something else; but I just knew the minute the interview started and comparing it to others’ interviews I could over-hear going on before me).  It’s interesting to note that along with me, a few other visible minorities were refused that day citing admin processing, while Caucasian applicants were approved with a rather jolly interview.  Just my experience.  The CO said he couldn’t approve me today and more supplemental questions would be sent.  He said I could have my passport back and I wouldn’t need to come back MTL for another interview but they’ll let me know next steps  
Nov 2, 2022:  a couple of hours after my interview, I was emailed the DS-5355 and asked to return it (it was all a list of questions within the body of the email).  
Nov 6, 2022:  returned the completed DS-5355  
From Nov 6, 2022 to August 2023 there was maybe 1 to 2 case updates but we did not email the consulate during that time at all.  We had spoke to a few lawyers who had told us to wait at least 4-6 months before thinking of filing a WOM.  And to be honest, life got busy with work and travels that we planned to spend time together in different countries.  We just kindof carried on with life as best we could, without letting this visa issue hold us back in multiple ways.  Long distance is a challenge but I think you have to know that if you’re getting married to a person in another country; it’s kindof what you signed up for in the short-medium term, I guess.  I’m not saying we didn’t stress about this visa and worried about it and delaying our full life together; but my husband was very good at keeping perspective and focusing on the positives – that we only had a 1 hour plane ride separating us; that we both had remote jobs so we could see eachother whenever we wanted; and we were at least both healthy as that would be an added stressor if one of us was not healthy and couldn’t be together.  I think its important to focus on the things you do have yourself and together, during this whole stressful process.  
August 30, 2023:  As it had been quite a while and past 6 months from my interview,  I decided to email the consulate asking for an update on my case.  I emailed the MTL email address.  We also talked to Christopher from PIC about filing a WOM and he explained everything to us and we said we would think about it and get back to him in a week or so.  
September 6, 2023: Right as we were getting ready to tell Chris from PIC law firm about going forward with WOM, we got a reply from the consulate asking to do a second medical and to send my passport.  I knew this meant good news, but I didn’t get my hopes up.  
Nov 15, 2023:  as I had travel commitments I had already made earlier in the year, I could only complete my passport and send the second medical on Nov 15, 2023  
Nov 23, 2023:  passport received (signature upon delivery) and Medical exam results uploaded to consulate.  
Nov 29  to Jan 6, 2024:  no case updates (the last case update was Nov 29th assuming for the passport and medical).   
Jan 6, and every 2 weeks after:  we emailed the consulate asking if there is any update since receiving the passport and medical and we would get generic responses mentioned many times above.  The responses would come every 2 weeks or so; sometimes never.  The case update would change every time we received a response  
I can’t remember the exact date but there was a day in January when the CEAC status check website was down.  I randomly decided to check the NVC website on the same day and logged in to see that my DS-260 had been unlocked.  I googled this and read that only the consulate can unlock the DS-260.  We weren’t sure if we should update anything so we contacted the lawyer who was helping us in terms of answering questions –  this is PIC, Christopher.  He is AMAZING and would answer our questions promptly even though we did not officially hire him for a WOM.  Christopher told us that we should not touch anything as consulate has opened it and they will let us know for what.  I mentioned my passport was new as the previous one expired so Christopher thought that was why they opened it; to update passport number.  
Feb 2, 2024:  case update (not sure why)  
Feb 5, 2024:  email from MTL asking to update my DS-260 and send the confirmation page back to them.  I updated my DS-260 with my latest travel history and my job change.  I noticed they had already updated my passport number.  
Feb 8, 2024:   I got an email with MTL reply from MTL consulate saying “thank you”.  Which was VERY surprising as I’m sure they do not send friendly emails of that nature – don’t care to.  So I thought that was odd.  A couple of hours later, I checked my status on CEAC and “ISSUED”.  I’m happy for it finally go from “REFUSED” since Nov 2, 2022 to finally being issued but I won’t be 100% happy until my passport with visa is in hand.  
All in all, it took me about 10 months from interview to be asked for my passport + second medical, and then an additional 3.5 months from sending passport for status to change to “ISSUED”.  That is a total of 13.5 months from the interview.  It was a longgggggggg haul.
It will work out for each and every one of you on this forum (barring any crazy criminal or immigration violations in your history, im assuming).  It really does challenge your mental toughness, your perseverance, your faith in basically everything, your relationship and your health in many ways.  But you have to believe it will work out for you.  It’s easier said than done but that’s all you can do in this situation.  Start sending emails to the MTL consulate once you’ve passed the 4 to 6 month mark.  Don’t be too pushy as I was afraid of them being put off and just not doing anything; just ask for a case update in the nicest way possible.  Focus on other things during this time and make the wait worthwhile; don’t live your life in constant worry and at a standstill.
 
Now I hope I actually get my passport/visa without too much of a delay or any other issues propping up.
 
Thanks for reading.  I'm sure many typos as I did not proof-read.

It’s called 
“US Embassy Administrative Processing and Form DS-5535” Has 1.4K followers

Interviewed Feb 1, 2023. My last update remains November 13, 2023 and I am pretty sure that's just because they gave me a canned response that day replying to an email I'd sent asking for an update.
 
For all those who recently got put into same process, my suggestions are:
 
Don't plan on getting your green card any time in the next year at the very least (not being harsh, just being realistic).
 
You can still visit your spouse so long as your true intention is solely to visit and you do not overstay. I.e. Have a return flight booked, don't fly with 3 cases of luggage for a 2 week trip.
 
Writing to politicians accomplishes nothing
 
Filing a WOM does nothing (save your money and use it for trips instead)
 
Don't be afraid to talk to friends and family about your situation. I was ashamed for a while to talk about it, but really this has nothing to do with you messing up and everything to do with bureaucratic processes. Their support and empathy can help.
 
Do try to make trips to visit each other if possible. I realize this can be hard as many people have jobs/children. However having a trip to look forward to so that you can see your loved ones can really help mental health.
 
Work on yourself in the meantime. Eat healthier, workout, learn a new skill. Don't let yourself become stagnant just because your application becomes stagnant.
 
Hope this helps!
 
 

It will eventually but it could take 5 years or 10? They have not passed any meaningful immigration reform since 97. 
 
Right now this issue is getting zero media attention.
 
No one has any sympathy for legal immigrants waiting patiently in line, even the advocats don't seem to care about us. All the sympathy is for those crossing in , who have paid smugglers, they are the media darlings.
 
 

Very sad to see that people here are still suffering with the unjust and unfair black hole of administrative processing from the capricious use of DS-5535 at Montreal. I wish you all the best in your fight.

Not to be the bearer of bad news but I think they just say 2 weeks so that you don't flip out in their offices lol. We were told 2 weeks and it has been 8 months

I was in Toronto consulate for my daughter’s CRBA yesterday and I tried asking the CO about my case. She said there is nothing she knows and that they’re completely separate from Montreal. Which is bs, because they all talk and I know they must know stuff about each other. I wasn’t expecting to learn much but was hoping to get one of those chatty disgruntled employees who talk to public. 

No issue entering on B1/B2.
 
No problem traveling to the US on work visas as well. I have heard of individuals enter on TN, L-1, H1-B, O-1 while on AP.

Request CV means you might be under TAL instead of the more common “AP”. 
 
Not sure which one is faster though. 

Sorry to hear that. Are you of Iranian or Middle Eastern background? Is it just DS-5535, or were you required to submit a CV as well?

I am a late May EB1 interviewer and I received an unsolicited update in early Dec. I'm not sure anything can be read into the updates.

Sometimes it’s sent back so you can hold on to it as they’ve realized 221g will last longer than they thought. It would be unusual for them to send back an issued passport with the status not reflective of that.

From what I've seen Montreal Canada and Ankara Turkey seem to be the top 2 contenders for having the most dreadful experiences with AP.
 
Almost 9 months in with my Fiance, and I feel like hope is slowly slipping away from me at times. But I always to try the very hardest to keep my mind clear and believe this confusing process that has led so many of us up to this point is almost over. I cant even begin to fathom how many people we have lost up to this part of AP for without a good cause and so many beautiful relationships that have died-- metaphorically or otherwise. And I just hope we can all help motivate eachother and help eachother get better through this together 

Hope fading. 
 
 
That 75% figure feels off. Maybe it's dated. 

Ours was in Early May' 23. You can see my timeline on my page but this thread is about Montreal and I dont want to derail and have my comment removed. I do have a forum for 5535 on my page that does have a ton of useful tips for anyone that needs it though for any country. 

Same here, I got an unsolicited status update on friday! and we both had our interview around April, I rather not get my hopes up but any April received unsolicited status update on CEAC?

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.

Some of the agencies mentioned in the blog may also be involved in screening (in addition to visa applicants) of  large number of immigrants (on priority basis) crossing borders illegally before registering them.

Thank you for sharing this. Probably the only place that I’ve read so far that explained fully what exactly happened with the whole 221g/AP/DS5535 bullshit. 
 
I more I read, the more angry I am. *vent alert*. I asked the CO what have triggered AP and he literally did a 🤷🏼 as he thought that my case was a straight forward case. #######
 
question - was fingerprint taken at the interview? I don’t recall mine being taken. By the CO or would it be with the first clerk you talk to who collected the documents?

I think AOS is a very unique topic that requires more clarification, as not all AOS is illegal.
 
In the following situation, I believe AOS is LEGAL: Applicant A applied for EB1A or EB2 NIW while they are in Canada. While their I-140 is processing, they received H1B / L1 visa for a job and worked in the USA on this visa. Their I-140 is approved, and their IV case is sent to Montreal consulate. They received invitation to attend their Consulate Interview in Montreal. They leave US for the Consulate Interview, and was unfortunately placed in AP. They re-entered US on their valid work H1B / L1 visa while awaiting AP. Their case remains in AP 6 months after they re-enter the US with no end in sight, so they decided to apply for AOS rather than filing WOM.

This AOS is valid.

I watched many of the YouTube videos made up of those ex-consulate officers too. I'm not sure I trust them to be perfectly honest. They mentioned that there is usually a reason for the denial. But in my extensive reading so far, it appears that many of us selected are either due to TAL, or MENA background. Of which there is really no choice but to file WOM to overcome.
 
It's ironic because the US is trying to combat the loss of STEM talent, while on the other hand it is implementing TAL on us.