August 18, 2010
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!