CondorMantis

Just now, Phil_K_IR1 said:

Do you know roughly how long it takes them to get through it then? Would it average to "within 60 days" like the consulate says on their site? 

My Chinese colleague told me that almost all chinese H1B applicants need to go through admin processing. It typically takes 4 to 6 weeks to be processed in China. Who knows if it is Mantis or something else though. 

3 minutes ago, Leo The Great said:

Another VJ member @tas005 were given 221g in November 2023. MTL asked him to submit Resume only without DS-5535. Consulate kept his passport. I did not hear any update from him.

This sounds like a Mantis Security Advisory Opinion, which typically gets cleared way faster than DS-5535 related vetting. 

6 minutes ago, ShawnK said:

I keep overthinking some of my ds5535 responses and was wondering, would it be a red flag if you haven't listed any of the major social media sites? 

 

I simply deleted mine long ago (over 10 years ago) for personal and privacy reasons. I'm a millennial and it's rare not to have FB/Instagram etc..but I honestly don't and was wondering if that would delay my AP process?

 

 

I don't know what version of the DS-5535 you got, but the social media question they ask is:
"Please provide your unique user name for any websites or applications you have used to create or share
content (photos, videos, status updates, etc.) as part of a public profile within the last five (5) years."
So, I personally wouldn't worry about some old/private/deactivated accounts.
FWIW, some immigration attorneys even question whether there is any serious vetting and investigation that they do following the DS-5535 submission, they wouldn't give clearances just to avoid dealing with lawsuits if that was the case. Just an opinion. This process is a blackhole and I am just guessing here. 
 

1 minute ago, Crazy Cat said:

Where is the beneficiary right now?

I am the beneficiary, currently in the US under an H1B status, so I am eligible to file an AOS application.
H1B and L1 visas are dual intent, i.e. they allow immigration intent, unlike a visitor's visa or a student visa 

1 minute ago, Nadzz said:

After visiting my husband in the us, I spoke to a lawyer that told me instead of dealing with the ds5535 just file within AOS which I did not know was possible. So now we filed for the AOS. 

I was given the same advise by an immigration lawyer
Will your IV application be considered abandoned/withdrawn? I heard conflicting opinions about that.
Also, there is a section in the I-485 that asks about previous IV refusals and denials, what did you say there? 

 

I just got a response from a different immigration attorney and was told that by filing for AOS, my immigrant visa will be considered withdrawn. It is confusing when two lawyers give contradicting information. 

Has anyone considered filing for adjustment of status I-485 while their IV is stuck is AP/DS-5535? I was told by a lawyer that will not lead to withdrawing your immigrant visa application

9 minutes ago, Daft_Cat said:

It does not, but our attorney was very transparent about the increasing odds of a motion to dismiss and the additional costs therein (he tailored his strategy around this - hence the filing in PA over DC). My wife and I decided it was our best shot regardless. In the likely event that we do receive a motion to dismiss, the additional retainer to fight it is not nearly as expensive. Having said that, we're already a year in... so we may opt instead to just let it go in the hopes that our case ends up at the top of the pile sooner than later. Though the link you provided does offer up a good reason to consider pushing forward should it come to that!

The attorney did note that the judge assigned to our case is historically friendly to the cause, and he has a good working relationship with the state attorney as well. Fingers crossed, but fully expecting the worst (which has been a good rule of thumb throughout this entire process).

I hope your case will start moving before the deadline.
Would you mind sharing the name of the lawyer you worked with? I contacted a few and I want to go with Curtis Morrison for now, he charges an additional $1000 to fight the motion to dismiss. 

6 minutes ago, Daft_Cat said:

 

Yeah, pretty much. They requested an extension last month and that will expire around early Jan. Our attorney is actually pretty optimistic (we filed in PA, which seems to have spared us an immediate motion for dismissal), but my wife and I are expecting the worst.

I hope your WOM retainer agreement with your lawyer includes fighting the motion to dismiss if it happens, there has been several court orders denying motions to dismiss, including one in Pennsylvania
https://redeaglelaw.com/blog-1/f/tsunami-of-judges-deny-state-department’s-motions-to-dismiss

15 hours ago, throwitaway said:

Agreed, although this will involve a lot more $$$ 

Not necessarily, I had a consultation with Hacking and Goldstein and they both told me the flat fee includes fighting the Motion to Dismiss if it happens.

I just want to add that fighting the motion to dismiss is not pointless for AP mandamus, the judge might rule in your favor. I was informed by a litigation attorney that he had 3 orders denying government’s motion to dismiss for AP.

50 minutes ago, Irish89 said:

Hi Everyone

Just wondering if anyone has any interesting information that might lead to an explanation for the apparent radio silence we're experiencing right now with these Visa applications. Perhaps anyone who has spoken to Lawyers and gotten their perspective on the current situation. As it stands we know that WOM's are getting push back now, particularly WOM's filed within 6 months of the Interview. I've heard that the conflict in the Middle East might even be having an impact on visa timelines right now. All in all just trying to hear other peoples views and maybe someone has heard something through an Immigration lawyer as you would think that they would be up to date on any issues connected with Immigration. Hard to make sense of it all so would like to see if others are interested in discussing this further.

 

I had a consultation with Goldstein Immigration, I expressed my skepticism about the current effectiveness of consular-related WOM, and I was told that they increased the wait-time for 221g/DS-5535 refusals from 2 months to 4 months for employment based IV because of the recent increase in dismissals (since around June). Their guidelines might be different for other visa categories, mine is EB2-NIW.
I also spoke to Hacking and expressed the same concerns, and was told that most dismissals are for people who haven't had their interview yet. Not sure that is true though, I see quite a few who got dismissed in 221(g)/DS-5535 delays. 

 

55 minutes ago, Fayisa said:

Hello guys, we are trying to reach a senator or a congressman, can you reach multiple for my husband state or should we reach only one? Anybody reached them, what was your experience ? Thanks

I reached out to a senator and got a long but standard response from the Chief of the consular section in Tunis. 
"We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the immigrant visa program is to re-unite families. Nonetheless, the embassy must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive administrative processing. While we cannot predict when the processing of the applicant's visa will be completed, please be assured that the embassy and the Department of State are aware of your concerns and will do all we can to see that the visa is adjudicated as soon as the processing of his application has been completed"