If you've ever found yourself eagerly awaiting your visa approval only to be handed a DS-5535 form at your interview, you're not alone.
Here, we'll talk about the DS-5535 form's origins and how to navigate through the associated administrative processing delay. In this blog post, we'll also provide some insights from our immigration lawyers and dive into the world of the DS-5535 form.
What’s the DS-5535 Form?
In 2019, then-President Donald Trump introduced the idea of thorough checking by immigration services, known as extreme vetting. This led to the creation of form DS-5535. This form is for people from countries with tense relationships with the US or mainly Muslim countries. It's a way to carefully review and confirm the backgrounds and histories of visa applicants as part of the thorough checking process.
What Does the DS-5535 Require?
When you get this form from any US Embassy or Consulate, you'll see it asks for a lot of your personal details. This covers 15 years of where you traveled and worked, your social media names, emails, and even your family members' names. Although the form might feel invasive, it's vital to fill it out very carefully and accurately.
Immigration Lawyers' Insights: Improving Your Chances
Taking note of your travel history and other details from the past 15 years might seem like a big task. But a lawyer will emphasize the importance of trying your best to remember and write down as much as you can. Even though it can be hard, doing this can increase your chances of getting a positive outcome.
The Unpredictable Wait
When you submit this form, it starts a process known as administrative processing. It’ll show up as either "refused" or "221G" status. Unfortunately, a US immigration lawyer can't tell you how long this wait will be. This can be frustrating as you have to wait without knowing when it will end. The wait can be anywhere from a few weeks to several years, and this can test your patience.
Expedite With a Writ of Mandamus Lawsuit
Luckily, there's a legal way to speed up this delay challenge. With a writ of mandamus lawsuit, you can push the consulate to make a decision within a fair amount of time.
A writ of mandamus lawsuit is a a court order directing a government official to fulfill their duties or address a misuse of authority. This action asserts your rights and guarantees your case gets the proper consideration.
Addressing Concerns About Filing a Lawsuit
Many people fear that using legal steps might cause problems or even result in their visa being denied. However, filing a lawsuit can often make it more likely for your application to be approved. Consulates know that their decisions can be reviewed by a court. This usually leads them to carefully think about your situation.
We have a story of a couple who went through an administrative processing delay. They successfully filed a Writ of Mandamus lawsuit with the help of a US immigration lawyer. Their story gives you a real look at the experience, clearing up worries. You can also read Goldstein Immigration Lawyer reviews from past clients to learn more.
The form DS-5535 and its administrative processing delay might seem challenging, but they can be overcome. By being careful and attentive, you can go through this process confidently. Remember, you're not on your own in this journey – there are immigration lawyers who’ll assist you at every stage of the process.
We invite you to Tell Us About Your Case by completing the online quiz and scheduling a free case consultation.