August 18, 2010


Posted by admin - Bellissimo Law Group PC

Q: I sponsored my parents and dependent sister(mental retarded – unmarried – age 45) in december 2003 for permanent residence. My application was rejected in 2007 due to dependent mental retarded sister. I have filed the appeal on humanity ground and in ADR conference, appeal allowed for dependent sister. In short, we won the case. Again documentation (medical/remedical ) has been submitted and medical has been completed on 3rd of april 2010. Passport has been sent on 3rd of May 2010 to New Delhi, India. I have not received / heard anything after that. There is no communication from immigration department. What should I do now? How much should I wait for further communication? Do they have power to reject ADR decision? Can they reject my application again if appeal is already allowed?

A: There are no set timelines once an application is sent back to be reconsidered. There have been some challenges with respect to overseas offices following agreements made during alternative dispute resolution (ADR) conferences but for the most part this is a problem of the past. After a successful appeal either at ADR or at a full hearing the issue in dispute (in this case medical) that was resolved cannot be reexamined by an officer and used as a ground to refuse. If a new medical condition is discovered or another ground of inadmissibility arises i.e. there was a medical issue that was overcome at appeal but when it was sent back to the visa office a criminal conviction is now exists than the application could be refused again. I believe you should hear something in the next few months. Good luck!