GreenCardGuys Law Group

When should I expect my visa after the DS-5535?

When should I expect my visa after the DS-5535? That’s a common question these days, and I know a lot of y’all are frustrated. Most people unfortunately wait many months for the visa. Whether they need to just keep waiting or they end up filing a lawsuit, OK, unfortunately, it might require that, and that’s because they’re just not efficient. You would think that the government process, there’s something that triggers it, like. You submit it the form, which is a lot of ridiculous questions. We’ll get to that in a second. But then even after you submit, you would think that, OK, it’s under tracking system and then maybe a week or maybe a month pass by and you get some kind of update.

 

No, that’s not true unfortunately. So let’s get to talk about what is DS-5535 and what can you do? And answer the question, what can you do to get it moving smoothly. Ok, before that, before the interview, supplemental questions for visa applicants. These are all questions that for the most part, most of the answers are already part of your prior applications. The petition I-130 the DS one sixty or DS two sixty depending what application you filed before a fiance visa application I-129F .

 

But either way, for the most part, OK, so no, ask for your name, ask for your date of birth. What is different though than other applications forms that you’ve answered is your siblings. They want to know all your brothers and sisters. They want to know all your kiddos. Living or passed away, deceased, including biological children, stepchildren, adopted children. They want to know all prior spouses, including domestic, if you, if you did not get married, living or deceased, and the last 15 years of where you lived. And oh by the way, they want to know all your phone numbers, all of them and all your emails, email, addresses all your social media platforms, all your employers in the last 15 years you fill out.

 

All this, all these questions. Yeah, hit the hearts or hit the heart like button on YouTube if you think this is ridiculous. 15 years and all your family, basically all your uncle did it ask for uncles and aunties. I didn’t see that. It was like they might as well ask for the uncles and aunties at this point. My goodness. So it is just very frustrating. So I can imagine or like I’m not in your shoes, but if someone who’s applying outside America and you, you have the interview and it’s a common thing that they don’t ask for this forum until after you’re done with the interview. So again, another reason to be frustrated in this situation.

 

So what can you do? What I recommend is you fill out this form before you go to the interview and just kindly ask the officer. They might ask you if you have any questions. This is the question to ask. You know, if you’re considering that you might need this form DS fifty five thirty five. Can I give it to you now? Is that possible? That will save you a lot of headache potentially. I don’t know. You let me know. Let me know how it goes. Ok? Dropping the comments if you have an interview coming up the next couple of months. All right. And and let us know in the TLG club how it goes for you, alright, it’s just very frustrating.

 

So for the those folks that have already had an interview and you have, you’re still waiting after providing this form DS fifty five thirty, five i’m sorry, but you probably will have to file lawsuit worst case scenario. And if it’s been at least four months, I probably wouldn’t wait any longer. But it depends on your budget, OK, of course, but lawsuits do help to get it moving to the next step unfortunately, unfortunately you might have to take that step.

 

If you have any questions let me know in the comment section below. We do offer free 15 minute per preliminary discussion consultation with our attorneys. I explained how to schedule on the website greencardguys.com and let it allows you to self schedule free for 10 minutes. I do want to share one story at least that help to hopefully prevent you from going through this situation and we really feel bad in this situation. We were not involved in the representation but we did. I had a call recently where someone said that they were in America, entered without a visa, so he would call entry without inspection and then they’d be living without status America.

 

So by that point most people in this scenario have lived in America for more than one year. Ok, without status. And when that happens and when you do leave the US for any reason, even as a dip your toes outside America, OK, you’re triggering the 10 year bar 10 year restriction. So that means you can’t get legal status. Hypothetically, for 10 years you can apply for a waiver, but it still still can make it complicated. Ok, legally it’s still possible, but complicated and a longer journey to get your residency status, your green card, your GC, so. What made it worse is that, uh, there’s going to be a couple things. You’re like, what the heck, I can’t believe it.

 

I don’t. I don’t think he had a lawyer. I think he had some help from a consultant. I think it was even a family member. So just, I know your family want to help, but do yourself a favor, hire your own lawyer. Ok. Who actually does, I mean, like works on immigration cases on a day-to-day basis just because a family member says, oh, no, no problem, you know, I’m a lawyer. I’ll help you out. But wait, I appreciate that. But do you practice immigration law? Yeah, yeah, people have good intentions, but that was a bad decision, OK, because it’s not just filling out paperwork, as some of you might realize now, these days, if you have a similar scenario.

 

And so he got denied at the interview. First of all, I said all that. But really, first of all, he was not legally married. He was common law married texas i don’t know where he lived most of the time in the US, but Texas does recognize common law marriage. But you want hot tip right here. You need to get a declaration of informal marriage, get something on paper, please, to say you’re legally married. And then after you do that. So he was denied for that one reason at least. And then of course, overstay. Actually no, not overstay because he didn’t have any status before.

 

And then and then this person decided to reenter America without a visa, without inspection. So that’s a permanent bar. I hate to be the bad news bears, but I just, you know, I. Don’t want to offer a contract to someone in this kind of situation unless they really know. Because in this situation disclaimer you need to speak with a lawyer. If you have a similar situation, or really any scenario, speak with a lawyer. I’m on social media, I have to say this by State Bar rules. This is for information purposes only. This is not legal advice for your own situation.

 

So speak with the lawyer one-on-one So here’s the deal, he re entered America without a visa, so that triggers the permanent bar. It’s still, you could still get status. You can still get residency status or green card. Yeah, this person triggered the permanent bar. But to get that status you you know, number one had the refile petition. That’s the easy easier part. But the harder part for this person is that they have to be outside America for 10 years.

 

Ok. So if you heard about something recently that. That there’s a USCIS memo saying that you can stay here for 10 years instead of outside. That’s why you need to speak with a lawyer, because it’s a different factual scenario. These are these are things that my team and I speak about pretty much every day to verify before we confirm legal vice, because just so many things change in the law on a day-to-day basis, at least for immigration purposes.

And yeah, you just don’t want to be in that gentleman’s situation. But yeah, we it’s a long journey, so I don’t we really try to be as clear as possible and expectations on the case processing step by step because I know it can be very frustrating. So on that note, if you are considering to hire a lawyer, more power to you to find one that you’re comfortable with because I know it is difficult to, I guess you can say, do your research, investigate because there’s only so much online and oftentimes.

You don’t hear bad things until it happens, right? So, you know, do as much research you can. Google reviews, even if you got a friend that referred to you someone, that’s great. You know, I tell people who are referred to us from my friends and family coworkers, we’re happy to assist you, but please do your research about us online, OK? We have plenty of reviews online to esthetics. You know, people are happy about our customer service.

 

It is not easy. I train my team every day. They’re probably tired of me talking to them about this stuff, customer service, hashtag, customer service every single day. But I believe it’s very important especially in the legal industry. So if you appreciate that, I do hope that you have the opportunity to, if you have a legal question, immigration question to give us a call or schedule appointment on our website, but you got to show up, please. Those are limited spots for the free 15 minutes, so. By the way, if you are abroad outside the US and you’re wondering how to reach us by WhatsApp or WhatsApp, number is 346-330-5888 It’s scrolling on YouTube on the bottom.

 

Until next time, folks. Stay safe.

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