Daft_Cat

On 4/23/2024 at 10:11 AM, Superluminal said:

@Daft_Cat Any updates on your end? Have you been able to send your passport in?

@Canucklehead How about you? Any updates on CEAC?

Hey all,

Sorry for the radio silence. Passport and new medical sent in a week and a half ago. A couple updates since but still “refused” on CEAC. Expecting a few weeks at least - will keep you guys posted.

On 4/2/2024 at 4:07 PM, Superluminal said:

I just received a response from the consulate. It scared the hell out of me but after reading it again, it seems like it is in the standard response folks are getting when they have not completed the review. Did either @Daft_Cat or @WMBB get an email like this in the last few months?

 

"

Good afternoon,

 

Thank you for contacting us.

 

The consular officer, after carefully considering your application and reviewing all available information, determined you have not established that you are eligible for a visa and denied your visa application under INA 221(g).  Additional security screening is being conducted.  Depending on the screening results, a consular officer may reconsider your eligibility for the visa.

 

Thank you for your patience and cooperation."

The last email I sent was in January - it never got a response, but it did seem to trigger a flurry of updates (though I also had a WoM in play, so that complicates the interpretation of events a bit). The response they sent you is standard boiler plate - the language around visa denial and ineligibility is a new tactic used to fight legal challenges. 

I wouldn't overthink it. You've got to be at or near the top of the pile. Sometimes they respond to emails, sometimes they don't. The key differentiator will be when you start seeing successive, unprompted updates spaced 1-2 weeks apart. I bet it'll start happening soon!

Also, for those who asked about the DS-260, I received a follow-up email this morning asking me to update it and include a copy of the confirmation page with the materials I'm sending in. It was no sweat. The form had been re-opened on my CEAC portal and I just updated any info that was out of date. No additional fee was required. 

3 hours ago, Superluminal said:

@Daft_Cat you inspired me to check my status and we got an update on CEAC. However, I sent them an email 17 days ago so I won't hold my breath. First update since October 6th

I said that exact same thing when I got my first update in Mid-Jan. I had sent them an unanswered email a couple weeks prior and wrote it off as just them reading the message. 
 

…then I got a second update a couple weeks later. Then another, the week after that. And it basically went on like that until today.
 

One confounding factor is that I also had an ongoing WoM case at the same time, but it’s hard to say what’s triggering what. Plus the state department had already filed their motion to dismiss, so who knows if it was even having an influence.

I wouldn’t give up hope that your update could be the start of a similar process for you - especially given how long you’ve been waiting. It’s possible our emails get escalated and become more effective after certain time thresholds. Tough to say what kickstarts things.

31 minutes ago, Leo The Great said:

Congrats!

Did consulate ask you to update DS-260 form and submit 2023 tax returns if you have not submitted them already?

What happen to your WOM?

Nothing like that! At least not yet. The email phrasing was that they’re “ready to move forward with my application,” which hopefully means they aren’t going back to square one on the DS-260, which was a headache the first time around. The required docs were my medical, my passport, and two new passport photos.

We fought the MTD and the US Attorney has until early April to respond. My guess is their response will indicate they’re moving forward with my visa and that the suit is now without cause.

3 minutes ago, ak47 said:

Was the update today?

Yep. I checked a few hours ago and nothing, so it must've just happened. 

5 hours ago, APRIL2023 said:

I don’t understand the complete standstill with all cases since Jan 2023. Are there ppl OUTSIDE of this chat forum that is actually being cleared?? I can’t even imagine the backlog the system is facing now. I wonder does this have anything to do with changes to the system post public opinion inquest. 
 

Hang in there everyone!

I’m not sure what’s going on either, but someone must be listening because I just got an unsolicited case update (the first in 25 days). 

*edit - double post

1 hour ago, Inveigh said:

When did you file WOM & get your MTD? We plan on refiling a WOM at the 11 month - 11 & 1/2 month point

Filed at the 9 month point. Generic MTD in Jan after two initially promising extension requests. Filed our response in late Feb, waiting on the US attorneys response in early April. At that point the judge will decide whether to dismiss or not. If they don't, I suppose we move into some adjudication process (which can take a long time to get scheduled) but I expect the consulate would clear me before we get to that point.

7 hours ago, APRIL2023 said:

Has anyone who interviewed in Jan - April 2023 heard anything from the consulate? 

Other than 4 or 5 unsolicited updates that occurred from mid Jan to early March, nothing. Updates seem to have dried up as well. Still fighting the us attorney’s motion to dismiss; will keep the forum updated.

8 hours ago, brkendream said:

Only crime ,  the person might have some travel history , belongs to a religion and from 27 countries or have any link with those countries . Never entered USA 

 

Even this seems generous. I feel like the majority of users here have no links to any of the countries formally named in the DS-5535 legislation. I think it's random to some degree, and perhaps leveraged as a delay tactic to reduce capacity bottlenecks at the consulate. 

11 minutes ago, CarmenD said:

Prematurely as to what time frame?  I’ve inquired as to when appropriate after being in AP (and submitting DS-5535 answers) to proceed with filing a WoM.  I’ve been told (all immigration lawyers) 6 months, 9 months, and one said “I have given up trying to determine the perfect time to file. If you wait until Trump is president though, that’s probably too late”. Another told me the government is bound by law to adjudicate ALL cases within 6 months of INTERVIEW, including those that fall into the AP category.  It seems level of urgency (how long waiting plus personal circumstances) and being able to afford to file the lawsuit, are factors 

I think it's a moving target. Definitely on the longer end of those estimates though, and I think it's important for people to understand that it's no longer a silver bullet.

2 hours ago, 604vancouver said:

I had a question about NEXUS... does anyone here have it? Yesterday I found out that my NEXUS application is in "risk assessment" and has not been conditionally approved (I applied over a year before my interview at the MTL embassy for my IV).

 

I'm thinking I could have been flagged in the system way before the MTL interview and I wanted to gather more information on this theory.

I'm enrolled in Nexus and have been for a decade - another reason I couldn't believe I got the DS-5535. 

I wouldn't overthink it. I'm not sure there's as much bureaucratic communication/coordination between silos as one might think (unless you're on some sort of watchlist). If it's any consolation, I remember the risk assessment stage taking a long time when I initially applied - several months at least. I know they had an awful pandemic backlog as well, so there could still be some trailing effects. 

1 hour ago, Sisa24 said:

Are February 2023 applicants in AP still waiting for clearance?!!!

There are at least a couple of us.

4 hours ago, Inveigh said:

Same, anxiously waiting for @Daft_Cat and @Canucklehead to be the next ones approved 🤞. That may mean that Mar,Apr, May is up next. 

For what it's worth I'm sure it's not entirely linear. Just because my interview date is the farthest back doesn't mean others in this thread won't get asked for your medical in the meantime! It may depend in large part on whose desk we end up on. Not every officer is created equal.

2 hours ago, dj222 said:

Where are you getting the 40% vs 17% statistic? So 40% of all interviews end with a AP or 5535? Thats pretty shocking.

That was somewhere in the last thread. Numbers may be off somewhat but it was something egregious like that.

Also, for those keeping count: 4th update in the last month and a half came through this morning.

33 minutes ago, Canucklehead said:

Just curious, has anyone received an email from montreal-IV-DV@state.gov in the past 2 months that is not just the standard auto-reply?  I have sent 3 emails since November 2023 and have received nothing but auto replies.

 

Also looking at the spreadsheet - https://docs.google.com/spreadsheets/d/1jV7rzX2eCRVoEDRhOtN9a6hDoHRLNEf1P3ZGZbQ0_Dc/edit#gid=0 it seems that we are officially taking longer than it was before. It's almost as if they're not doing anything to do with immigrant visas at Montreal at all....

Sent one email last month, have had a few updates since then but no communication from them yet. They’ve definitely slowed down. I imagine the lack of communication is reflective of limited capacity- they’re probably getting absolutely blasted with angry emails and genuinely can’t respond to all of them.

1 hour ago, JamesTan said:

I've also heard that perhaps Montreal is using the DS 5355 forms as a way to reduce the backlog. Now that we're now 3 years removed from covid(and the backlogs should be less than before), are there any trends or data suggesting that this has slowed in any way or if there are less DS5355 from montreal? Has processing of DS5355 gotten faster in 2024 compared to 2023?

While it will surely improve eventually, at the moment the backlog seems to be intensifying. The wait time for applicants on this forum (and similar ones) has grown to around 1 year+, and the chief legal tool at our disposal (a lawsuit called a Writ of Mandamus) is no longer as effective as it once was thanks to the State Department's increased willingness to file a motion to dismiss to deter applicants from filing.

According to the very limited data we have, there are approximately 66k applicants in AP (would have to assume that's global) with only 35~ resources dedicated to clearing them. So basically it's a massive resourcing problem that's only made worse by certain consulates over-utilizing the DS-5535 process. 

12 hours ago, JamesTan said:

Hopefully because this thread is full of people who have had a DS-5355 notice sent to them, the replies may be a little biased. Yes, I'm worried but maybe the chances of me getting a DS-5355 are 50/50 or even less. Although 40-50 countries is a little excessive, I doubt all people with a history of travel(say 10+) countries will get served with AP.

A little excessive is an understatement. I would imagine that the regression on applicants with that much travel history is a much smaller group than you think, and unfortunately it does increase your chances of getting a DS-5535. That's the question you asked, and that is the honest answer. On the flip side, I'm certain you wouldn't trade those experiences for anything, including avoiding a potential DS-5535, and there's nothing to be gained by hiding your passion for travel if asked at the interview. I doubt it will have any bearing on the result.  

Maybe try shifting your mindset a bit. It's best not to overthink it or try to outsmart the process given that the outcome is genuinely outside of your control. It's also worth recognizing that while it's entirely possible (and perhaps even likely) that you slip by unscathed, if you do get AP, it's not the end of the world. You've been waiting so long already, what's another 6 months to a year? It's not ideal (as we can all attest), but it's not the end of the world either. It's a road-bump in your plans, not a derailment. 

And again, that's if it happens. Which it very well may not. 

8 minutes ago, Ontarkie said:

Your travel history follows your passport, you will also be asked for your previous passport number and passport.  Once they have your passport they can see it all. Trying to hind your past travel history is a good way to get a lifetime ban. 

Getting flashbacks to last year when I had to deal with exactly this issue. I only had a copy of my current passport as well as the one that had recently expired. I didn't keep any of my earlier ones. Unfortunately I couldn't find a clear process for obtaining historical numbers and didn't want to delay submission of my DS-5535 by weeks or months. 

My attorney advised me to interpret the question in a broader way as an inquiry into whether I've ever held a non-Canadian passport (vs. prior versions of the Canadian passport I hold today), to which the answer was no. He said he'd seen this question answered in both ways, and that neither approach had been flagged. So far the consulate hasn't requested additional info, so fingers crossed... but that's the only question that made me a bit nervous. 

In any case, my hope is that they have some ability to triangulate your current passport to earlier versions... But just goes to highlight how ambiguous and all-encompassing the DS-5535 process is.

32 minutes ago, JamesTan said:

I'm not sure if US immigration has data on my travels unless I used a US airline and flew to the United States through a transfer, although im curious to hear you guys' thoughts. I'm not even sure if my category (son of a US citizen) would be required to give information such as profession or travel in the interview. Anyway, I think it would be a safer bet to get a new passport as I have a lot of travel stamps in my current one. 

As mentioned, they will have records of your US border crossings at the very least. I also believe Canada and the US collaborate closely on border-related matters, so I wouldn't assume they're approaching your case from a position of ignorance. 

Personally, I think it would be a super sketchy move to renew your passport early right before your interview. That will definitely raise eyebrows and potentially result in a direct line of questioning (versus the alternative where they might just assume you're a 20-30 something who spent some time backpacking). 
 

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Also is it just the EB visas that are being asked for a CV? Or are spouses/fiance of US citizens being asked for them as well? This would be kind of weird if that was the case. Do they even screen by profession when considering spouses/fiances of US citizens when it comes to AP?

 

Work history (essentially a CV) is a core component of the DS-5535, so you might as well assume that all applicants in this thread shared employment details regardless of their visa class. Not sure why it would matter only for EB categories if the intent is to vet your background for potential security risks. 

While family visas provide a secure immigration pathway that doesn't require employment-based sponsorship, they are not "privileged" in the sense that they are exempt from a potential DS-5535. You mentioned you were 'extremely successful', so perhaps an AOS to one of the genius categories (e.g. an EB1) might help you avoid additional scrutiny. 

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Does anyone have any data suggesting if AP or DS5355 is decided before the interview by a system or by the interviewer? Or maybe both?

Again, these questions are not easily answered. Posters on this forum and elsewhere report similar stories: an otherwise unremarkable interview followed by a seemingly unprompted DS-5535 while the officer is processing/finalizing the case. Relatively few individuals report direct lines of questioning on travel or background, which would seemingly point away from it being at the officer's discretion (although I'm sure they have the ability to trigger the process on their own).