SusieQQQ
Well-Known Member
Unless you’ve actively been involved in something bad, you shouldn’t get refused. Unfortunately DS5535 AP can take a while.
DV 2022 All Selectees (Consular Processing - CP)
- Thread starter Sm1smom
- Start date
madride4life
New Member
the thing is I am not sure if they consider it something bad
But I have traveled to Syria, Iraq and Iran ( I visited all of them for religious reason to visit the shrines )
But I also traveled Jordan, Oman, turkey, and the USA .
I think they requested the 5535 form because of my travel history
SusieQQQ
Well-Known Member
Just traveling to places is not “bad” but yes they would investigate further because those first countries are hostile to/considered security risks to the US. My understanding is that the vast majority of DS5535 APs get issued visas eventually.
Sm1smom
Super Moderator
You do not need to unlock your DS260 at this point for this. You can take the passport along and mention it at your interview.
algorythms
New Member
Hey Folks,
I wanted to share my experience in case it helps anyone.
I was in the U.S. on a TN. I applied for the DV lottery before I got the job, while I was in Canada. I actually only checked if I was selected when I had a call with my lawyers about prepping for my TN app. I was shocked, and so were they.
Case No.: AS10XXX
Selected: May, 2021
DS-260 submitted: Feb, 2022
2NL: March 16, 2022
Interview: May 12, 2022
Approved: May 12, 2022
U.S. Entry and stamp: May 24, 2022
To note, I went to grad school in the U.S. and I also had 3 TNs granted previously. I'm from Canada and was mostly educated there, Europe, and the U.S. I think that's why I got my interview so quickly at the Montreal Consulate. The U.S. has a lot of background info about me. Also, my country of chargeability is a country that they like.
I also had a lawyer from my employer help with my case so I didn't jeopardize my TN.
A few things:
1) I didn't complete the DS-260, until I was sure my number would be current soon. That's why I waited so long. I could NOT jeopardize my TN. I was also advised to use CP as AOS tends to be slower, and CP would allow me to enter and exit the U.S.
2) I've been living in the U.S. since summer 2021, though I did not mention my getting selected for the lottery during my TN application. I went home for winter holidays and re-entered the U.S. in Jan. 2022. (I work remote)
3) I left the U.S. in April 2022 after I got my 2NL. That gave me about a month to get my medical exam and security check. (This was over 90 days).
4) I did not re-enter the U.S. until my interview was complete and I was approved. I was needed in the U.S. for work in late april but I did not go. My lawyer said, "just stay put".
She told me that every time you enter the U.S., you are implicitly stating your intent. If you are in the U.S., you can change your intent after 90days. On a TN/tourist visa/B1 or B2, you are stating non-immigrant intent. As I had submitted my Ds-260 and my interview was soon, my intent would have changed and I could have been denied at the border --which would have messed up my DV application.
U.S. Immigration is really tight about overstays and denials. So we want to do anything to avoid those.
5) I made certain that the DV was the best/easiest way for me to get a green card. There is a risk with the DV. If I wasn't approved, it would have been hard for me to be let into the U.S. on non-immigrant intent visas. I had other ways of getting a green card, like going from TN to Green Card, which is tricky but possible.
I also made sure that my consulate was processing visas before I submitted the DS-260. I got fortunate, in that my consulate really picked up the pace at the start of the year.
Anyway, overall, I'm thankful for the process and this board. This board is how I found people in the same boat as me who could help guide me. That said, there is risk in this process and if there were other means like marriage or extraordinary ability pathways, I'd prefer those. I'm super pleased to be able to be a permanent resident now.
I wanted to share my experience in case it helps anyone.
I was in the U.S. on a TN. I applied for the DV lottery before I got the job, while I was in Canada. I actually only checked if I was selected when I had a call with my lawyers about prepping for my TN app. I was shocked, and so were they.
Case No.: AS10XXX
Selected: May, 2021
DS-260 submitted: Feb, 2022
2NL: March 16, 2022
Interview: May 12, 2022
Approved: May 12, 2022
U.S. Entry and stamp: May 24, 2022
To note, I went to grad school in the U.S. and I also had 3 TNs granted previously. I'm from Canada and was mostly educated there, Europe, and the U.S. I think that's why I got my interview so quickly at the Montreal Consulate. The U.S. has a lot of background info about me. Also, my country of chargeability is a country that they like.
I also had a lawyer from my employer help with my case so I didn't jeopardize my TN.
A few things:
1) I didn't complete the DS-260, until I was sure my number would be current soon. That's why I waited so long. I could NOT jeopardize my TN. I was also advised to use CP as AOS tends to be slower, and CP would allow me to enter and exit the U.S.
2) I've been living in the U.S. since summer 2021, though I did not mention my getting selected for the lottery during my TN application. I went home for winter holidays and re-entered the U.S. in Jan. 2022. (I work remote)
3) I left the U.S. in April 2022 after I got my 2NL. That gave me about a month to get my medical exam and security check. (This was over 90 days).
4) I did not re-enter the U.S. until my interview was complete and I was approved. I was needed in the U.S. for work in late april but I did not go. My lawyer said, "just stay put".
She told me that every time you enter the U.S., you are implicitly stating your intent. If you are in the U.S., you can change your intent after 90days. On a TN/tourist visa/B1 or B2, you are stating non-immigrant intent. As I had submitted my Ds-260 and my interview was soon, my intent would have changed and I could have been denied at the border --which would have messed up my DV application.
U.S. Immigration is really tight about overstays and denials. So we want to do anything to avoid those.
5) I made certain that the DV was the best/easiest way for me to get a green card. There is a risk with the DV. If I wasn't approved, it would have been hard for me to be let into the U.S. on non-immigrant intent visas. I had other ways of getting a green card, like going from TN to Green Card, which is tricky but possible.
I also made sure that my consulate was processing visas before I submitted the DS-260. I got fortunate, in that my consulate really picked up the pace at the start of the year.
Anyway, overall, I'm thankful for the process and this board. This board is how I found people in the same boat as me who could help guide me. That said, there is risk in this process and if there were other means like marriage or extraordinary ability pathways, I'd prefer those. I'm super pleased to be able to be a permanent resident now.
SusieQQQ
Well-Known Member
Congratulations on your success.
I’m curious about this statement:
I’m curious about this statement:
Want is this risk in the process that so concerns you? DV is so much more straightforward - cheaper, much faster, much easier - than either of the other two you mention (especially marriage where there might only be a conditional green card). I can’t imagine many circumstances in which I’d recommend either of those above DV if someone had the choice.
algorythms
New Member
Thank you.
I'm part of a group with lots of DV candidates from my country. Lots of people from the Montreal consulate got AP. Apparently, out of 15 interviews last week, 11 got AP.
As someone who is working in the U.S., being on AP would stop me from being able to return to work and where I'm living quickly. It could have been a big issue.
Yes, I could have done AOS, but they may not have processed it in time for the fiscal year, and my work status would be jeopardized then as well. Our group has seen people get AP for all sorts of reasons, like what they studied or military service. You also have to hope that if you are in AP, that your case is approved before the fiscal year. With other types of green card pathways, there is not such a tight time constraint.
I knew I could get my employer to get me a green card too. Then the cost would be on them, and we'd shoulder the risk together. Plus my employer can afford lawyers. The reason I didn't do that was because it would have taken longer, AND I saw my number was coming up AND my consulate was speeding along with interviews AND I did a have a lawyer who said I had a great case AND she'd be in my corner if things hadn't gone my way. This reduced much of the risk.
SusieQQQ
Well-Known Member
It’s still not clear to me what you think the risk for DV specifically is. If you are put on AP pending background checks or something like the reasons you mentioned above for one immigrant visa, it would apply to any of them. I’m not asking here about delays vs AOS, I was specifically asking about your comment - the one that I quoted - that marriage or EB visas would be preferable. Yes there is a bit of a “time constraint” if you get AP (AP for DV often seems to speed up completion late in the FY by the way), but especially for someone time sensitive, you’re forgetting DV probably saves you a year or so in the process as a whole vs the other routes. Not to mention the hassles associated with a conditional marriage based GC.
I find it a little odd that your lawyer said you had a “great case” for DV (anyone who meets the eligibility requirements does really, it’s nowhere near as complicated as other routes) but I’m glad that you feel she made it easier for you.
algorythms
New Member
Both marriage and extraordinary ability do not have the time limit constraints. That makes the big difference. There is no guarantee your case will go your way before the end of the fiscal year with DV. Also, you have more time for your lawyer to do battle if needed. If I recall correctly, marriage pathways also forgive overstays, if that's an issue.
The time sensitivity isn't in how long it takes to get the green card, but how close you are to running out the clock.
Hello everyone
Is it possible to have a date update in cases on ceac that are refused?
I have checked xarthisius data ( potential ap section ) except my case other AP cases from my country mentioned there number 1
But my case display there as refused case no any number that section
Does it mean something or it can be change?
Thanks
Is it possible to have a date update in cases on ceac that are refused?
I have checked xarthisius data ( potential ap section ) except my case other AP cases from my country mentioned there number 1
But my case display there as refused case no any number that section
Does it mean something or it can be change?
Thanks
Sm1smom
Super Moderator
Glad to know you’ve successfully completed your DV process. Congratulations.
I have to say I find it rather interesting that you believe a marriage or special ability based immigration process is preferable to the DV based one, considering DV is the easiest, fastest and cheapest route for obtaining a GC. I am also amused by the magical powers it seems to me you think lawyers have or can use to influence the outcome especially while going through CP.
For instance, what battle can a lawyer fight over a denial based on not meeting the requirements for the immigration benefit one is seeking? What battle can a lawyer fight over a denial based on not clearing the background check? I asked these rhetorical questions because you talked about having a great lawyer in your corner if things hadn’t gone your way. There’s is absolutely nothing the lawyer would have been able to do about the DV based CP case if it had been denied contrary to whatever impression that lawyer created.
And by the way for a marriage based application, an overstay is only ”forgiven” if the marriage is to a USC and the applicant is processing AOS - an overstay IS NOT forgiven for a marriage based application if the sponsor is a LPR. For CP, the applicant will need to file a waiver to overcome the ban that gets triggered upon their departure from the US.
Anyways, all of this is derailing this thread from its intended course, so I will not be pursuing this conversation any further. Wish you the best in the US.
clefs_games_0f
Member
Can you say more about this? Are you saying that cases that interview and are placed on AP late in the FY somehow process faster than normal? If so, that’s great. I always looked at it as AP is AP, and it takes as long as it takes, looming deadline be damned.
SusieQQQ
Well-Known Member
Marriage only forgives overstay if to a citizen (not LPR) and then only if you are adjusting status, not if you have exited to do consular processing and incurred a ban. Anyway - glad you got your DV, i think there are a number of nuances on other immigrant visas you’re not fully apprised of, and in my opinion you VASTLY overstate the very minimal risks associated with a straightforward DV case (almost none of the many hundreds of thousands of successful DV CP cases even thought of a lawyer much less used one, hopefully your company paid and not you out of pocket) … luckily this isn’t the forum for you to advise people on which visa to choose.
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SusieQQQ
Well-Known Member
We have seen in the past here, when we had a lot more posters from countries where they would more routinely be put on AP for security issues, that there would be a flurry of AP resolutions in the last week or two of the FY, some of those had been on AP for momths. So it’s just anecdotal with no “policy” to point to, but we used to see it every year. And it’s not a slam dunk, yes there are also people who do run out the clock on AP. Unfortunately we have found that certain countries‘ DV selectees who used to be very active here seem to have moved to WhatsApp or telegram groups, so there’s not too much in the past 2-3 years from them here,
SusieQQQ
Well-Known Member
Yup - doctrine of consular non-reviewability. Bet the lawyer didn’t mention that
Few days to two and a half months. My advice would be to apply for SSN in the SSA office as soon as you arrive in the US. It doesn't matter what option you choose in DS-260, the border control officer advised me to do it in person. I've got my SSN in a week.
When you apply for SSN in person, you will get a document that some employers consider as proof that you have an SSN, or use it as a proof of residence, as it shows the address where the SSN will be sent.
As already mentioned, the employment process, renting, leasing, driver's license, and all of those things take time, so it's better to start those processes in parallel, and this SSN application confirmation helps. Later as you get your SSN you will update all parties waiting for it.
Hi everyone,
I hope you are all doing well, I haven't been very much active in the forum after getting our passports back with the visa, last week I finally moved to the US and the POE was Houston, TX.
I wanted to ask for those that were lucky and are already in the US.
1- Have you received your green card?
2- How long did it take to receive it?
The CBP officer said it could take from 6 months to a year to receive it, hopefully it will come earlier than that. I still don't have any updates on MyUSCIS account and only photos were taken, no fingerprints.
Thank you
I hope you are all doing well, I haven't been very much active in the forum after getting our passports back with the visa, last week I finally moved to the US and the POE was Houston, TX.
I wanted to ask for those that were lucky and are already in the US.
1- Have you received your green card?
2- How long did it take to receive it?
The CBP officer said it could take from 6 months to a year to receive it, hopefully it will come earlier than that. I still don't have any updates on MyUSCIS account and only photos were taken, no fingerprints.
Thank you
Good day, people,
During the interview, the council asked to provide one more police certificate and document that one of the children (20 years old) that she never been married. Other than that council said everything seemed ok, they kept passports, and the council said to mail those docs and we will review these 2 documents and will give you Ok. But the online status says Refused, it's normal right?
Thank You,
During the interview, the council asked to provide one more police certificate and document that one of the children (20 years old) that she never been married. Other than that council said everything seemed ok, they kept passports, and the council said to mail those docs and we will review these 2 documents and will give you Ok. But the online status says Refused, it's normal right?
Thank You,