Visa status question

[Adelina alfaro 0]

Hello my husbands case status after his interview went from refused to ready to refused as of today. Anyone experienced this? The officer said he didn’t have to come back for an interview and that we just needed to send in the items she marked on the 221G paper he was given. But he did accidentally leave his passport there and they marked on the white 221g slip to send that in but I’m assuming they found it because it’s been over 3 months and they haven’t emailed me  about sending in his passport. I also emailed them asking them if they had it or not and if not that we would send his new passport in so I should get a reply soon. 

Edited November 25, 2021 by TBoneTX
2nd screenshot removed - case # visible

[JOrtiz 2]

Hi. When did he have his consular appointment and, was he missing anything or pending any exams at the time he went to his appointment at the embassy?

While the application is still being adjudicated, the status can change numerous times.  The final outcome will depend on what notification he received when he went to his consular interview.... If he was directed to send additional documents or wait for the medical exam results only then, it is just a matter of waiting until the embassy has completely adjudicated the application for the system to show the visa was Issued.

[Adelina alfaro 0]

21 minutes ago, JOrtiz said:

Hi. When did he have his consular appointment and, was he missing anything or pending any exams at the time he went to his appointment at the embassy?

While the application is still being adjudicated, the status can change numerous times.  The final outcome will depend on what notification he received when he went to his consular interview.... If he was directed to send additional documents or wait for the medical exam results only then, it is just a matter of waiting until the embassy has completely adjudicated the application for the system to show the visa was Issued.

He had his medical exams and he was missing my uncles taxes and another paper but we sent that in right after he got out of the interview now we got a email stating his waiver was canceled so everything’s turned upside down for us 😕 thanks for the help though ! Appreciate it! 

[JOrtiz 2]

Waiver was cancelled?  Why, did he have a deportation or removal order pending before he left from the US? Did he have any other issues with the law in the US or in El Salvador?

[Adelina alfaro 0]

20 minutes ago, JOrtiz said:

Waiver was cancelled?  Why, did he have a deportation or removal order pending before he left from the US? Did he have any other issues with the law in the US or in El Salvador?

No deportation or removal. He had a drug charge that was vacated by the judge in the United States a year or so before he left to El Salvador for his interview but I don’t know what to do know. Do we reapply? We have two kids I can’t support myself especially with two young kids 😕 

[JOrtiz 2]

Yikes!  How serious was the issue?  It doesn't matter if the case was dismissed or vacated; what will matter is the arrest report and what he was charged with. Certain drug charges (only charges, not convictions) can make someone ineligible to receive a visa for life.  Did your "lawyer" know about the drug charges?  What did he/she do about it if anything? 
Sometimes, if it's just something like possession of marihuana (small amounts) for personal use or use of marihuana, they would send him to "treatment" in El Salvador. Basically to see a psychologist for 6-12 months until the doctors determines whether the person is a habitual user or not.  BUT, with a serious charge related to drugs in his record, it will be next to impossible for him to get approved.

[TBoneTX 45,289]

The second screenshot has been removed because the case number was visible in it.

 

VJ Moderation

[Adelina alfaro 0]

2 hours ago, JOrtiz said:

Yikes!  How serious was the issue?  It doesn't matter if the case was dismissed or vacated; what will matter is the arrest report and what he was charged with. Certain drug charges (only charges, not convictions) can make someone ineligible to receive a visa for life.  Did your "lawyer" know about the drug charges?  What did he/she do about it if anything? 
Sometimes, if it's just something like possession of marihuana (small amounts) for personal use or use of marihuana, they would send him to "treatment" in El Salvador. Basically to see a psychologist for 6-12 months until the doctors determines whether the person is a habitual user or not.  BUT, with a serious charge related to drugs in his record, it will be next to impossible for him to get approved.

Yes he knew about the charges but it was only a small amount of marijuana and he even went to take the classes the judge ordered him too. This charges was like 10 years ago. He doesn’t smoke or drink, he’s a religious person. Don’t see the point of going to a therapist if he can’t afford it he doesn’t have a job in El Salvador. 

[JOrtiz 2]

Well. Hopefully the lawyer who submitted the application(s) to USCIS is savvy enough to help him find a solution.  The result of the final adjudication will be up to the Department of State and the Department of Justice; they will base the approval or denial on the actual arrest or charge report(s), not on the outcome from the court. 
One of the biggest problems in these type of cases, is that the burden of proof rests on the applicant.  How does he prove that while living in El Salvador he never did the same thing again without getting caught?  Just giving you a hint of what you guys are up against.  Best of luck. Hopefully the balance will tip in your favor.