Visa Denials

[notmrshamiltonnow 0]

Hello there every 1.. hope all is good. I have a question, I spoke to the DOS last week to find out what if anything can be done about my husbands k3 denial, just to give a quick history, he was denied in 8/09 because he answered yes on his medical exam that he had used maraijuna in his past, even though his urine test was clean, and he had a three year ban placed on him. The question I have is, I was told by the DOS to contact my senator & congress and they could contact the chief immigration officer, I was wondering if anyone has had any experince with a similar situation.Thank u for any help provided.. Blessings

Edited October 18, 2009 by mrshamilton

[Darnell 8,478]

I saw a lot of things covered in http://www.visajourney.com/forums/index.ph...=215368&hl=

But I guess ONE bottom line might be -

since the screener at the medical interview entered 'yes', instead of 'no' - when your man said 'no' -

You should have an attorney step in and get this fixed.

Since it happened in Jamaica, I suggest a Jamican attorney .

But - even if it gets corrected - will the Consulate re-adjudicate it ???? That's another legal quagmire that you have to sort out, as well.

Good Luck !

[canadian_wife 1,808]

Darnell - MrsHamilton's husband admitted to drugs in the past, that is the reason the doctor wrote yes (it was not a doctor's mistake therefore a lawyer cannot help her)

MrsHamilton - I am so sorry for your situation, but contacting a senator/congressman doesn't cost anything and it might help. It's worth a shot

Good luck.

[Darnell 8,478]

Duh - I forgot something - my bad.

IF you receive back a 'Notice of Intent to Deny' notice via postal mail - then you __MIGHT__have a chance to appeal the decision - but you'll have to have solid legal evidence (depositions from the medical worker, and your husband ) to present on the case.

I think it's a big IF - I suggest talking with an immigration attorney in the USA that specializes in handling cases in Jamaica (but come on, others have already suggested that you - I had hoped that you have representation by now, and an attorney would mention how to handle an appeal - or even mention if your case MIGHT be appeal-able or not ).

Darnell - MrsHamilton's husband admitted to drugs in the past, that is the reason the doctor wrote yes (it was not a doctor's mistake therefore a lawyer cannot help her)

MrsHamilton - I am so sorry for your situation, but contacting a senator/congressman doesn't cost anything and it might help. It's worth a shot

Good luck.

C_W - Yah - but I read her report the 'other' way - When he was asked, he said 'NO' - but the medical screener put 'YES' on the form. I only read what she wrote - is always possible *I* reversed it..

[notmrshamiltonnow 0]

Duh - I forgot something - my bad.

IF you receive back a 'Notice of Intent to Deny' notice via postal mail - then you __MIGHT__have a chance to appeal the decision - but you'll have to have solid legal evidence (depositions from the medical worker, and your husband ) to present on the case.

I think it's a big IF - I suggest talking with an immigration attorney in the USA that specializes in handling cases in Jamaica (but come on, others have already suggested that you - I had hoped that you have representation by now, and an attorney would mention how to handle an appeal - or even mention if your case MIGHT be appeal-able or not ).

Darnell - MrsHamilton's husband admitted to drugs in the past, that is the reason the doctor wrote yes (it was not a doctor's mistake therefore a lawyer cannot help her)

MrsHamilton - I am so sorry for your situation, but contacting a senator/congressman doesn't cost anything and it might help. It's worth a shot

Good luck.

C_W - Yah - but I read her report the 'other' way - When he was asked, he said 'NO' - but the medical screener put 'YES' on the form. I only read what she wrote - is always possible *I* reversed it..

My husband's family members have contacted an attorney on his behalf, I took it upon myself to call the DOS to see what could be done and to ask when would our paper work be returned, the embassy is still in posesstion of our marriage cert, his & his daughters birth cet and all of my finanical papers.

Duh - I forgot something - my bad.

IF you receive back a 'Notice of Intent to Deny' notice via postal mail - then you __MIGHT__have a chance to appeal the decision - but you'll have to have solid legal evidence (depositions from the medical worker, and your husband ) to present on the case.

I think it's a big IF - I suggest talking with an immigration attorney in the USA that specializes in handling cases in Jamaica (but come on, others have already suggested that you - I had hoped that you have representation by now, and an attorney would mention how to handle an appeal - or even mention if your case MIGHT be appeal-able or not ).

Darnell - MrsHamilton's husband admitted to drugs in the past, that is the reason the doctor wrote yes (it was not a doctor's mistake therefore a lawyer cannot help her)

MrsHamilton - I am so sorry for your situation, but contacting a senator/congressman doesn't cost anything and it might help. It's worth a shot

Good luck.

C_W - Yah - but I read her report the 'other' way - When he was asked, he said 'NO' - but the medical screener put 'YES' on the form. I only read what she wrote - is always possible *I* reversed it..

My husband's family members have contacted an attorney on his behalf, I took it upon myself to call the DOS to see what could be done and to ask when would our paper work be returned, the embassy is still in posesstion of our marriage cert, his & his daughters birth cet and all of my finanical papers.

Also when my husband was asked when was the last time he used maraijuna under or over a month, he replied 2 years & 2 months, the medical examiner only put the 2 months.

[Krikit 1,163]

He has to be clean for 3 years, with proof. Here are a couple of good links for you:

http://www.visacentral.net/I601Memo.pdf

http://immigrate2us.net/forum/forumdisplay.php?f=77

[yankeesgirl79 0]

not to be the bearer of bad news ms. hamilton but me and mrs. palmer both did what the DOS is telling you and got no where.....i got a response back from the legal department of the DOS thru my congressman explaining that nothing could be done to overturn the situation (when we had some sort of hope that something could be done).....i am in no way telling you not to do it but i want you to not get your hopes up......the daily contact with congress/senate/DOS/lawyers, etc. had me hopeful and that possibly something could be done and i got my hopes high only to be shot down which made it harder to deal with.....i think you should still follow thru on trying to get it fixed to give you piece of mind but just giving you a heads up as to what i went thru.....

[MRStee 19]

I will continue to keep you in prayer Mrs. H... Don't give up. Hang in there. God will make a way.

[notmrshamiltonnow 0]

not to be the bearer of bad news ms. hamilton but me and mrs. palmer both did what the DOS is telling you and got no where.....i got a response back from the legal department of the DOS thru my congressman explaining that nothing could be done to overturn the situation (when we had some sort of hope that something could be done).....i am in no way telling you not to do it but i want you to not get your hopes up......the daily contact with congress/senate/DOS/lawyers, etc. had me hopeful and that possibly something could be done and i got my hopes high only to be shot down which made it harder to deal with.....i think you should still follow thru on trying to get it fixed to give you piece of mind but just giving you a heads up as to what i went thru.....

Thanks for keeping it real I was wondering about how things would play out, my hubby's hopes are a lot higher than mine, but I didn't want him to think I didn't even want to try... so I guess we just have to wait this ban out.. once again. thanks for letting me kow how things most likley will end up

I will continue to keep you in prayer Mrs. H... Don't give up. Hang in there. God will make a way.

I know he will, it just really hard sometimes, I know that we have to take this one day at a time.. once again thanks for the prayers, we need all we can get

[notmrshamiltonnow 0]

He has to be clean for 3 years, with proof. Here are a couple of good links for you:

http://www.visacentral.net/I601Memo.pdf

http://immigrate2us.net/forum/forumdisplay.php?f=77

Thanks for the info, quick ? how is my hubby suppossed to show proof of being drug free? he has never had any run ins with the police, and his drug test was clean, so how would he go about proving he is drug free?

[canadian_wife 1,808]

MrsHamilton - I've seen people go in for drug tests every few months and collect the documentation of the clean results. That is certainly one way to deal with this

Good luck.