May need a waiver...

[americanlass 0]

So...here's a little background info. I'm the USC, and my fiance is from the UK. He had his interview yesterday and it is now pending blood results. He had his medical in May and everything was fine, but since he had a DUI 18 years ago, his interviewer wanted to do a toxicology blood test on him before granting the visa. Here's the problem, I don't know if they are just testing for alcohol, or other things...he did have a joint last weekend, but this was actually not even realized immediately by him. He bummed a cig from someone and it had pot in it, it's very common in the UK for them to roll their own cigarettes and alot of times, if they roll a joint, it has tobacco in it aswell. He said he smoked about half of it and thought it didn't taste right so tossed it, he's now worried it had pot in it, but he is not a drug user!! I can't believe this is happening, he police report was fine, passed his medical, but I'm afraid they will find pot in his blood test. Is there anyway I can fight this? I mean, could he possibly take another blood test or take random drug tests here in the US to prove he doesn't do drugs?? I'm not sure what to do at this point, I'm not sure if I should get a lawyer and try to waive this or what I should do. Any answers would be appreciated!

[Carlawarla 1]

So...here's a little background info. I'm the USC, and my fiance is from the UK. He had his interview yesterday and it is now pending blood results. He had his medical in May and everything was fine, but since he had a DUI 18 years ago, his interviewer wanted to do a toxicology blood test on him before granting the visa. Here's the problem, I don't know if they are just testing for alcohol, or other things...he did have a joint last weekend, but this was actually not even realized immediately by him. He bummed a cig from someone and it had pot in it, it's very common in the UK for them to roll their own cigarettes and alot of times, if they roll a joint, it has tobacco in it aswell. He said he smoked about half of it and thought it didn't taste right so tossed it, he's now worried it had pot in it, but he is not a drug user!! I can't believe this is happening, he police report was fine, passed his medical, but I'm afraid they will find pot in his blood test. Is there anyway I can fight this? I mean, could he possibly take another blood test or take random drug tests here in the US to prove he doesn't do drugs?? I'm not sure what to do at this point, I'm not sure if I should get a lawyer and try to waive this or what I should do. Any answers would be appreciated!

You've posted this thread three times now. The real problem is that you've told us two different stories. Here you're saying there may have been pot in a cigarette he smoked yesterday, and in another post you mention he smoked pot from time to time. Smoking pot "time to time" is smoking pot which in actuality is "doing drugs". Not an accident at all which is what you're suggesting happened the other day. Hmmm. As was said in another post, you really don't know what's going to happen, it's all going to depend on what information is in the blood tests come back. I'm not judging your fiance, but you can be guaranteed the US Gov't. will.

Edited July 22, 2008 by Carlawarla

[pushbrk 12,908]

So...here's a little background info. I'm the USC, and my fiance is from the UK. He had his interview yesterday and it is now pending blood results. He had his medical in May and everything was fine, but since he had a DUI 18 years ago, his interviewer wanted to do a toxicology blood test on him before granting the visa. Here's the problem, I don't know if they are just testing for alcohol, or other things...he did have a joint last weekend, but this was actually not even realized immediately by him. He bummed a cig from someone and it had pot in it, it's very common in the UK for them to roll their own cigarettes and alot of times, if they roll a joint, it has tobacco in it aswell. He said he smoked about half of it and thought it didn't taste right so tossed it, he's now worried it had pot in it, but he is not a drug user!! I can't believe this is happening, he police report was fine, passed his medical, but I'm afraid they will find pot in his blood test. Is there anyway I can fight this? I mean, could he possibly take another blood test or take random drug tests here in the US to prove he doesn't do drugs?? I'm not sure what to do at this point, I'm not sure if I should get a lawyer and try to waive this or what I should do. Any answers would be appreciated!

You've posted this thread three times now. The real problem is that you've told us two different stories. Here you're saying there may have been pot in a cigarette he smoked yesterday, and in another post you mention he smoked pot from time to time. Smoking pot "time to time" is smoking pot which in actuality is "doing drugs". Not an accident at all which is what you're suggesting happened the other day. Hmmm. As was said in another post, you really don't know what's going to happen, it's all going to depend on what information is in the blood tests come back. I'm not judging your fiance, but you can be guaranteed the US Gov't. will.

Time to be honest with yourself and immigration officials. A material misrepresentation can incur a lifetime ban from entering the US. Don't do the crime unless you're willing to do the time.

[Rob & Jin 0]

http://www.state.gov/documents/organization/86936.pdf

Only one waiver possible with this- "hardship visa" 212(h) and that is only if you can prove 1 time use of cannibis (not sure how you would prove that)

212(h) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-

(1)(A) in the case of any immigrant it is established to the satisfaction of the Attorney General that-

(i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien's application for a visa, admission, or adjustment of status, or

(ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and

(iii) the alien has been rehabilitated; or

(B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; or

[Rob & Jin 0]

http://www.state.gov/documents/organization/86936.pdf

Only one waiver possible with this- "hardship visa" 212(h) and that is only if you can prove 1 time use of cannibis (not sure how you would prove that)

212(h) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-

(1)(A) in the case of any immigrant it is established to the satisfaction of the Attorney General that-

(i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien's application for a visa, admission, or adjustment of status, or

(ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and

(iii) the alien has been rehabilitated; or

(B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien;

Even admitting use however could result in a permanant ban, also if you lied on DS230 and I-156 which ask about controlled substances you could also be denied for "misrepresentation"

The only thing you can do is wait for the toxicology results

Good luck

[emt103c 10]

That waiver is not exactly for this, usually it is used in the case of convictions of usage or possession.

IF (big If) they test for marijuana, they would probably mandate proof of rehabilitation before they would even allow the waiver to be processed. . .they won't buy the "accident" or "one time only" line . . .

[Rob & Jin 0]

That waiver is not exactly for this, usually it is used in the case of convictions of usage or possession.

IF (big If) they test for marijuana, they would probably mandate proof of rehabilitation before they would even allow the waiver to be processed. . .they won't buy the "accident" or "one time only" line . . .

Toxicology screens in US hospitals test for it .

Thats why I said even admitting to have taken it may bring a permanent ban, this may well be un- waiverable if detected and or admitted to however

9 FAM 40.11 N9 DRUG ABUSER OR ADDICT

AND EFFECT OF INA 212(a)(1)(A)(iv)

(CT:VISA-905; 09-18-2007)

The nonmedical use of any drugs listed in section 202 of the Controlled

Substances Act generally qualifies as a “Class A” condition. It should be

noted that harmful behavior is not a relevant factor in rendering a

determination under the provisions of INA 212(a)(1)(A)(iv) (8 U.S.C.

1182(a)(1)(A)(iv)). An immigrant visa waiver of inadmissibility is not

available to an alien who is diagnosed as engaging in psychoactive

substance abuse or dependence or using psychoactive substances listed in

the Controlled Substances Act. (See 9 FAM 40.23 Exhibit I.)

9 FAM 40.11 N9.1 Definitions

(TL:VISA-189; 04-22-1999)

Definitions relating to psychoactive substance abuse/dependence as

provided by the Department of Health and Human Services (HHS) are

quoted below.

a. Psychoactive substance abuse/dependence as used here, includes 2

groups:

Nonmedical users of drugs listed in section 202 of the Controlled

Substances Act (see section 9 FAM 40.23 Exhibit I). Nonmedical use of

any drug listed in section 202 of the Controlled Substances Act is illegal

and qualifies as a “Class A” condition, whether or not harmful behavior is

documented.

Nonmedical users of drugs not listed in section 202 of the Controlled

Substances Act, abusers of alcohol, inhalants, or other psychoactive

agents with resultant harmful or dysfunctional behavior patterns.

Determination of “Class A” or “Class B” status is the same as that of any

other mental or physical condition.

b. Remission—no nonmedical use of a drug listed in section 202 of the

Controlled Substances Act for 3 or more years, or no nonmedical use of

any other psychoactive substance for 2 or more years.

c. Nonmedical use—is considered to be more than experimentation with the

substance (e.g., a single use of marijuana or other non-prescribed

psychoactive substances such as amphetamines or barbiturates).

(Experimentation with any of these drugs would not be considered a

ground of inadmissibility).

9 FAM 40.11 N9.5 Determining “Class A” or “Class

B” Status

(TL:VISA-189; 04-22-1999)

a. A determination of “Class A” or “Class B” status should be rendered in the

same way as a determination of any other mental or physical disorder

under the provisions of INA 212(a)(1)(A)(iii).

b. In a “Class A” condition, which would include nonmedical use of a

substance listed in section 202 of the Controlled Substance Act (such as

amphetamines, cannabinoids, cocaine and related substances, etc.), the

panel physician must determine whether the applicant:

(1) Is currently using or has used a psychoactive substance within the

last 3 years, or

(2) Is or has abused a psychoactive substance other than those listed in section 202 within the last 2 years.

c. In a “Class B” condition, the panel physician need only to determine:

(1) No nonmedical use of a substance listed in section 202 of the

Controlled Substances Act in the last three years, or

(2) No abuse of a psychoactive substance other than those listed in

section 202 of that act in the last two years.

the problem is if its in his system from toxicology then he's used it in the last 3 years and as said how do you prove 1 time use. A good immigration lawyer should be consulted I think

EEks tough one .

[Boiler 45,558]

The last time I saw a similar situation, they deferred it 2? years and the applicant had to come back showing they were both clean and rehabilitated.

Edited July 29, 2008 by Boiler

[emt103c 10]

The last time I saw a similar situation, they deferred it 2? years and the applicant had to come back showing they were both clean and rehabilitated.

I heard the same time frame. . .a two year wait to reapply. . .the couple was filing in Mexico for the case I heard about.

[Chica Yeyé 41]

The last time I saw a similar situation, they deferred it 2? years and the applicant had to come back showing they were both clean and rehabilitated.

I heard the same time frame. . .a two year wait to reapply. . .the couple was filing in Mexico for the case I heard about.

I remember that case. He has indeed banned for 2 years and had to show he was sober for those 2 years when he re-applied.

p.s. I rememeber because the spouse alleged he couldn't do it because "it was too dangerous to walk to AA meetings" , which I thought was beyond lame an excuse.