Second interview after an appeal is won?

[boyee6576]

My husband and I won our appeal by ADR on March 2010. I have tried to find out alot of things concerning what the process is once you win, but I had contacted a few people who supposedly knew, that its just basically continuence of the process but most admin work. I said is it possible that we will have to have a second interview and I was assure NO that wont happen. You won your case and they can not reject you again on the same grounds. I felt good about that since we proved nicely that we were in a genuine relationship. I had read on the bottom on one of the papers I got that said our appeal was won, that there was 30 days for the date of receipt that they could object the appeal. I felt pretty confident that since several days have past that we wouldnt be rejected again. We have done all our paperwork and medical has been sent in so now just waiting for what I hope is the letter requesting his passport. I have now learned that some are being asked to attend a second interview after winning their appeal. Why? I dont get it. If you win why do they need to ask for another interview? I am pretty worried cause I thought this was over with and I DONT want my husband to have to go back to that same nasty VO he had before, cause I can pretty much bet she will reject us. We have not been asked for interview but I am really worried about it since I have learned that some do. Can anyone shed the light on this subject as to why they would ask for a second interview? I am really getting neverous :'(

 

[sbwv09]

Are you sure they aren't talking about the landing interview? It's been past the 30 day limit for them to object, right? What else could they do?

I'm so frustrated for you!! I wish I had more answers. Do you still contact your lawyer? Would they know anything more? I don't really know how they could deny you now. They had doubts about the relationship. In the courts that was proved to be wrong. Unless there's something like criminal inadmissibility (which would have obviously stopped you before now) I don't think they can legally keep him out!

Hopes and prayers that the only thing you'll ever hear out of that visa office is a PPR!

 

[eh??]

I have now learned that some are being asked to attend a second interview after winning their appeal. Why? I dont get it. If you win why do they need to ask for another interview


That's a good question.... I was under the assumption that to refuse you, they have examined everything and if you won they do not need to "re-examine" old material only new info as they had to have gone through the whole process beforehand.

I am thinking of appealing my refusal but I am worried as well that maybe they haven't completed the entire process of analyzing the material I sent before as I was told by a representative. Anybody know?

 

[rjessome]

You cannot be refused again on the SAME grounds as the original refusal. However, you could be refused on different grounds. It is very rare but it does happen. For example, if between the time of the original refusal and winning the appeal, the applicant was convicted of a criminal offence. They may be interviewed again and a determination of whether the applicant is criminally inadmissible would be made. Another example would be if some form of misrepresentation came to light, like an undeclared child, etc.

Let me say again that this is rare. If there have been not material changes to your husband's circumstances since the original application, it mostly serves as an administrative update, i.e. new addresses, new jobs, etc. And, if there was another interview, your husband would NOT be interviewed by the same VO. Part of the decision from the IAD would say that the file is to be sent back to the visa post for review by a DIFFERENT visa officer.

 

[boyee6576]

Well that makes me feel alot better. I have been talking to a person in another thread and they said they had a friend that had to go through a second interview. So got scared that it might be asked of us. Thank god we have not been asked so far. There has been no change in our file since the original application so I was confident that things would be fine. So when a fellow poster mentioned that he had a friend that won their appeal and was asked for a second interveiw after he had submitted all his docs, I got worried that it might happen to us too. I was just thinking how much longer before we get the passport request and what month he could possibly be here. So to hear about second interview for another couple worried me. I have a very itchy trigger finger on the panic button and I know I hit the panic button prematurely but still, we have come so far, and getting really anxious and tired.

thanks all for your imput

 

[kamal225]

wow, i know how you feel
great topic can you please keep us updated on your case and all the best to you
hoping that you will hear good news soon
all the best

 

[iarblue]

Boyee dont let others processes get into your head,like rjessome said it will only happen if criminal comes into play.People have many reasons why their process has gone to the birds.You just did your other medical as soon as the results come in from that it will likely be not much longer after that.I know you have been through the ringer,but your at the end,they will not call you for another interview,you will get you PPR very soon.

 

[boyee6576]

Yes iarblue, your absolutely right. Its really hard to stay focused sometimes when you read things like that and it freaks you out, and you get a case of the "what ifs". Thanks for putting me back on focus I am really just too anxious to be through the process and get my happy every after LOL Once he gets the ppr I will be alot calmer, cause then I know thats the end of it.


thanks everyone, sometimes I just need a reality slap to stop the panic in its tracks