AP_since_May2023

I believe all DS-5535 goes to through same waitlist at DOS, regardless of Embassy/Consulate. So in my opinion, I think it would be more valuable to open this up to all other countries besides Montreal. 

@LYV here is the spreadsheet for all of us who were processed via WOM in 2022 if you haven't seen it yet: https://docs.google.com/spreadsheets/d/1oh7cj_1HiWa-JH82xOeRtYb6gJWjU3KcF7ALuyQmV4w/edit#gid=0
 

Thanks everyone who has so far filled out the spreadsheet. It would be great if we could also get some people who have already been all the way through the process (if they are still following) to add in their info as well. This will grow to be a great resource for us and those in the future who come into the group!

Hello, 
 
I have created a spreadsheet for us all to use to track our progress. Another group used this type of sheet to track when their meetings would be scheduled from DQ date and it was really helpful to see approximate processing times. Please see attached online Excel Sheet. Let me know if you have any questions or think I missed anything that should be added. I've went ahead and added my information on the first line. Thanks!
 
https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit?usp=sharing

This suit was dismissed because the claim became moot - the plaintiff’s visa was adjudicated.
 
The other plaintiff in the suit can’t compel interview - it’s a different claim from the government’s duty to adjudicate an application, and extremely difficult to win on as there are too many factors involved. 

Hey everyone,
 
As some of you older members know, I had gotten AP (DS5535 almost a year ago) and the consulate finally asked for a new medical and to send in my passport. For those who have sent their passport with the courier service, I just want to double check what documents we need to send. In the email, it says include list of documents, but I dont see anything besides the courier-in authorization certification. Am I missing something?

There is a court case recently that was dismissed after WOM was filed. https://www.courtlistener.com/opinion/9413495/augustin-v-blinken/?q=blinken&type=o&order_by=dateFiled desc&stat_Precedential=on
 
This is not Montreal of course, but similar AP after consular interview. 

You're welcome.
 
Your SSN number will stay the same, but a new card without those words can be issued.

Hia all, officially spent a year in AP after being issued the DS5535.... can I have some options for lawyers to file for the WOM??
 
Thanks 

This is more rare then the norm. Go look and the AOS from Tourist visa forum. You will see many more waiting over a year. 
 
Lets not derail this thread further. I hate to have to remove posts that were genuine because we started derailing things. 

Yes, overall, AOS is being processed significantly quicker than CP.
 
Our friends submitted their I-485 the same week that we were placed in AP, and they received their EAD and AP after 27 days, and they received their GC in hand after 84 days. They are probably very lucky, but not impossible. Just hang out on Immigration Reddit and you will see how many people got their GC approved within 3 months.

No one that I know of has had a visa denial in the WOM group.  

I believe you can land in the US while continuing to work for your Canadian branch. But take note of the date of landing for tax purposes, as you are now a tax resident of the USA.
 

If your previous SSN had "Valid for Work only with DHS Authorization", then you will likely get a new SSN without that limitation.

Hi all, just wanted to update. Brief recap: my husband interviewed in Montreal on April 27 and was given 221g and sent a DS5535 the same day to which we returned promptly. His case received several updates early then an update in mid July. Other than that we have heard nothing else from the consulate. 
 
I reached out to the US senator's office from my state and requested they contact the consulte for any information and possible expenditure to which they promptly did and received a lengthy response from the consulate the same day. The main part of their response is as follows:
 
"Unfortunately, due to the national security nature the U.S. visa process, the Department of State will not disclose why a case has been placed into administrative processing, and issues can often vary greatly with regard to complexity. For example, the consular official may simply need to verify additional biographical information. However, it could be much more complicated like verifying previous travel itineraries or needing a foreign country to provide criminal records, etc. That being said, there may be no issues with his application, but it may have been flagged for an internal quality control review or audit.
 
Most administrative processing holds can be resolved very quickly, but some take a substantially longer time. During this period, no congressional office can request expedited review or appear to influence the outcome of the application."
 
The two big and disappointing takeaways from this are that you may be placed into AP and your life put on hold for absolutely no reason other than "quality control" and that no one may intervene on your behalf. I found the quality control statement particularly interesting as I've never seen that mentioned as a reason on any forums I've read in regards to this process. Anyway just wanted to share and good luck to everyone out there stuck in limbo.
 

Unfortunately, an oral approval at interview must be taken with a grain of salt. It’s common for a CO to recommend approval but the case is later sent into 221g when reviewed by a supervisor. CEAC status is your best reference - a visa will not be printed on a passport without the CEAC status changing to “Issued”

Yeah, American Immigration system has always been hot mess lolol

Figured I’d write up my interview experiences, now that I have a bit more time and mental clarity. I have gone through a few visa interviews in my life, but still appreciated reading other people’s experience at MTL in particular in preparation for mine.
 
My interview was scheduled for 8:45 on 7/26, and I actually arrived closer to 9. Was let in without issue. I carried one of those string bags (Nike sports bag) with my documents and a book, I thought I’d have to fold it up and store it in the locker along with my phone, but was told the bag was ok to be brought up to the 2nd floor, after it being scanned through the X-ray machine.
 
After getting upstairs, the experience is almost identical to what people have written here before - they gave you a number downstairs after checking the passport and confirm the appointment. Once you arrive to the 2nd floor via an elevator, you can sit and wait in the waiting area. Then they call the number to the first set of windows to collect the original documents such as passport, police certificate, birth certificate, employment letter etc. Then you wait for the actual interview, which is at another set of windows.
 
One thing that surprised me is that the the whole process is apparently completely paper based, my folder contained the dossier my lawyers submitted to USCIS for my EB2-NIW case 4 and half years ago (with all the supporting recommendation letters, publications, references etc.) as well as the biographical documents submitted to NVC 2 years ago… Mine was only about an inch thick, but the file from the person before me was literally about a foot tall… Seems like one would mail the dossier to USCIS, they’d review and mail the package to NVC if/when approved, NVC then physically stores the paper file until they mail it to consulates around the world in time for interview… This really blows my mind, you’d think they’d have digitized this by now!
 
I digress… I Waited for about half an hour between doc check and the actual interview. Both the doc check lady and the CO were female, both very pleasant and lovely with some exchanging of pleasantries and small talk.
 
The interview questions were pretty standard too, and they are definitely based on your individual history and circumstances, which can be seen from the system they are using. First is the oath to tell the truth; I was then asked about my schooling and work; also if I had an employment letter. There was a bit of confusion on this one - the document intake lady asked for an employment letter, to which I told her since I am EB2-NIW, I don’t need one, but I offered her the memo my lawyer wrote, along with the I-797 indicating the EB2-NIW, as well as a letter from one of my clients in the US talking about me doing research for them, which more than satisfies the NIW requirements. However she didn’t end up taking it, assuming she just marked on my file of me not having (needing?) one. When the same question came up during the interview, I told the CO the same thing, and she said “oh so you actually have the employment letter”, and took the aforementioned 3 documents, but made a comment that my file isn’t clearly marked for NIW, which usually should have been the case. Who knows, my file was approved right before COVID and during the late stage of the Trump years, USCIS was probably hot mess at that point… She also asked me to explain my work as if I am “explaining it to a poli-sci major”, which I thought was pretty funny. She asked a couple of follow up questions and clarifications on how to type a few specific words about my research.
 
She also asked if I ever had trouble crossing the border, which I had during covid; she can see I traveled to the US quite frequently, so I was asked why and if I had ever been in the US illegally etc., obviously no; I was also asked for the 5 year travel history, I gave her the 15 year history I had prepared in anticipation for DS-5535, she saw Cuba on there so asked if that’s just for tourism, which was the case.
 
She also asked that I have applied for and received non-immigrant visas in the past, which I assumed was rhetorical. This part is a bit foreshadowing because at the beginnings of the Trump years, I had been put through the SAO process during the application process of a non-immigrant visa, they asked for my resume and said additional processing needs to be done in DC, before they can approve it. I checked my records, that process took a total of 3 weeks between when I emailed them my resume and receiving the clearance, and I got an email asking for my passport the very next day (I actually missed that email, ended up waiting for another month for no reason before inquiring, to which they replied promptly, lol).
 
Towards the end, she printed out a piece of paper, handed to me saying that unfortunately they can’t approved my visa at the moment, additional checks are needed, in addition needing to confirm my case was indeed NIW, which I interpreted as very much of a secondary reason. I was told I will be receiving an email in the next day or two with further instructions (the email came the next morning); to which I asked “and you don’t know how long it’s gonna take either?”. She replied “no, because it’s not done in house (I assumed in DC), but since you have gone through this once before, hopefully it will be quick”.
 
Given all the anecdotal evidence - being a Chinese born, American trained engineer, and her comments about the checks aren’t done in house - I am pretty sure I am flagged for SAO, the DS-5535 is probably more of a formality, since all the information asked on there, for me at least, is already covered in DS-260, and I brought my 15 year travel history and resume with me…
 
Let’s see how long it will take this time…

USCIS doesn't call it AP, but AOS cases can get "held for review" after interview.  Those cases may be delayed for hours, weeks, or maybe even a year.  Examples --
 
https://www.visajourney.com/forums/topic/763404-case-held-for-review/?do=findComment&comment=10459152
https://www.visajourney.com/forums/topic/765817-did-aos-interview-on-42221-and-case-it-still-under-review/
https://www.visajourney.com/forums/topic/768593-3-year-wait-feeling-exhausted/
https://www.visajourney.com/forums/topic/714026-getting-my-green-card-one-year-after-my-aos-interview/
 
Like AP, being "held for review" is a black box.  Applicants don't see from their USCIS case status why exactly their cases are delayed.
 

My husband had his interview August 1 in Montreal with our daughter. Our daughter was approved, but my husband was denied and given 221g letter for DS5535. Does the consulate email the form or do we use the one indicated on the 221g?

My wife's and my daughter's visa were finally issued! 
Their interview was on July 27.
 
Our timeline:
March 2020: I got my green card. (Since my wife and my daughter weren't in the US with me, they couldn't apply with me)
Nov 2020: I-824 approved
June 2021: DQed 
May 2023: IL
July 27, 2023: Interview: Visa status: Refused: They got 221g (white) because they had to check my wife's previous US entry. She got denied at the US border once when she was on J2 due to the border officer's error. The Visa officer kept their passports. The visa officer told my wife that they will call her if they need more info.
Aug 1, 2023: Visa status: Issued. 
 
 
 

I'm rooting for you. It's ridiculous that applicants have to do a WOM in order for the government to do its work that it was already paid to do. 

New updates today for Writ of Mandamus and CEAC
 
This time in more detail
 
08MAY2023 - Interview Date - Ready
 
09MAY2023 - Refused 221(G) - Documents not Submitted. 
10MAY2023 - Refused 221(G) - Documents Submitted
 
11MAY2023 - Refused 221(G) - No Action on our Behalf
22MAY2023 - Refused 221(G) - No Action on our Behalf
24MAY2023 - Refused 221(G) - No Action on our Behalf
26MAY2023 - Refused 221(G) - No Action on our Behalf  
06JUNE2023 - Refused 221(G) - No Action on our Behalf 
 
20JUNE2023 - WRIT OF MANDAMUS FILED -  PETITION FOR WRIT OF MANDAMUS and Complaint for Declaratory and Injunctive Relief against RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL 
21JUNE2023 - WRIT OF MANDAMUS CASE ASSIGEND - SUMMONS (5) Issued Electronically as to RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL, U.S. Attorney and U.S. Attorney General(zrtw)
23JUNE2023 - Refused 221(G) - No Action on our Behalf 
 
28JUNE2023 - STANDARD ORDER for civil cases signed by our Judge
 
24JULY2023 & 26JULY2023 [Joint Update] - RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint - Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General - Answer due for ALL FEDERAL DEFENDANTS by 8/21/2023
 
28JULY2023 - Refused 221(G) - TODAY.

We filed WOM after 6 months in AP, but we were out of AP within a month after filing, even before the first court hearing. So it could be due to WOM or not but filing WOM may help.

Sorry I believe this is gaslighting. I have been waiting 80 days since my interview.
Any updates on your case?

I see. Thank you for the info @ALC. I just checked their visa status and they got issued! 
I hope that your case will be processed sooner rather than later and this nightmare will be finally over.