APRIL2023
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Everything posted by APRIL2023
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Were you given other instructions? Was DS5535 form ever mentioned? Many of us had our visa "refused" as we await for administrative Processing to be cleared. Unfortunately it has taken some of us 1.5 years (me 8 months in counting) to have it cleared. Check out this group:
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Going though AOS through H1B would make sense given the dual intent nature. I am in the states as a visitor (B1), which is why my lawyer would advise against it.
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For various reasons, main one being the fear of my application for AOS to be deemed as fraud. After being placed on AP, I got pulled into secondary once at the airport trying to re-enter the states. I was specifically asked if I have the intension for AOS, which is really not my intension at the time given that I’m at the last stage of my IR1 application (thinking that AP will be cleared in 6 months max). After waiting for three months and with no movement with AP, I then seek legal counsel to explore I-485. I was strongly advised against it given that I had previously stated my intension to visit as strictly recreational. Bottom line, I don’t want to rock the boat as the worse case scenario is being denied for entry FOREVER.
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I can empathize with you guys too. Hang in there everyone!! Hopefully things will change up a bit in the new year!
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Sucks that you are stuck in this situation. Sorry I don’t have an answer for your question, but I do have a few questions for you. Were you flagged for DS5535 /AP for BOTH L1 and EB2 visa? If yes, how long did it take your L1 AP to clear?
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So you plan to mail in your Canadian passport once you are back in US? How does that work? I thought you need your passport in hand while inside US as Canadian? I’m curious to know as I might be in same situation where I can’t afford to wait in Canada for long period of time just for them to return my passport (once my whole AP is cleared).
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Sorry just saw others posting the same question! this is strange because you would think that the NVC would have ensure all documents are good and wouldn’t need any further documents post interview. Like my police check or your proof of domicile. I’d always ponder if my improper police certificate had placed me on AP…
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Did u receive request to submit documents in December? My interview was in April. I had to submit ds5535 and the proper police certificate. I was also told to hold off on sending my police certificate (and passport) until the consulate reaches out, which is when all my APs checks are completed. If they request for your passport then the wait shouldn’t be that much longer?
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I’ve tried my local congresswoman in California. No help, as they got the same generic response that I would get. Did not get a response from the Senator.
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No recent updates since Oct 6. Didn’t get a response either with my email inquires. I seek legal counsel from Goldstein back in august regard filing a ROM, but have decided against it at the time. The firm did acknowledge the increasing incidents of MTD and they are changing their approach to avoid it. They also would push back if encounter a MTD, but weren’t specific about additional fees. They only say: “Depending on what we need to do next, you might be required to pay a filing fee. That being said, more cases are delayed and immigration is extremely backlogged and the processing times are constantly changing. Immigration is requesting more time to work on processing cases. Therefore we needed to change our approach to avoid our cases getting dismissed and have changed our waiting period for filing. We now wait longer before filing.” I debated on submitting an online feedback regarding ds5535 but didn’t end up doing so. USCIS is probably the ones of the top immigration entity, if not best, in the world. The DS5535 is strategically woven into this part of work flow for a reason. There’s a lack of tracking metrics and transparency to AP wait time for a reason. How much would public input really influence their processes? I guess it wouldn’t hurt to try. After being in this process for close to 8 months now, I am beyond jaded. With everything happening around the world, I can only imagine that resources are diverted to address immigration issues for American trying to repatriate back to the states, or even fast tracking petition status for those in life and death situation. Doesn’t help with the frequent threats to government shut down and the upcoming election. This forum is a nice place to vent, at least someone is hearing you out. Thank you for listening guys.
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I see. I was previously advised by legal counsel that TN could be a possibility, as long as you can make a case that the intention is to leave the country once your AP is resolved so you can be admitted to US through your applied visa type. Of course this is not 100% guaranteed and is still based on the discretion of the officer at the boarder.
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Why will a TN be 100% denied?
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Curious though, wouldn’t it stay on your record if it’s a denied entry at the boarder?
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Does that mean your application starts over? Is there an additional cost and wait to resubmit DS260?