re-applying after visa denial

[Gonzaga 0]

My husband was denied a visa due to admission of use of controlled substance. He tried it only; there was never abuse. The denial was in 2006. Now that I am a US Citizen (Aug 2008), would it make a difference if I re-petitioned my husband? I’d like to cite my constitutional right to family reunification. Would someone please help us? Our children and I have been away from him since 2004. Thank you!

[madd 0]

My husband was denied a visa due to admission of use of controlled substance. He tried it only; there was never abuse. The denial was in 2006. Now that I am a US Citizen (Aug 2008), would it make a difference if I re-petitioned my husband? I’d like to cite my constitutional right to family reunification. Would someone please help us? Our children and I have been away from him since 2004. Thank you!

Hi Gonzaga

The best advice I could give you would be for your husband to voluntary put himself into drug rehab class that would be viewed as acceptable to the US Consulate first. I understand that he really doesn't need it, as you already stated he was only experimenting at the time, and not abusing. But this would give you some additional ammo to use on your petition. You might even consider having him take a hair sample drug test so you can provide this to the US Consulate as proof of how long it has been since he has had any controlled substances in his system. Unfortunately the people working at the US Consulate are not there to help you get your paperwork in order, or to help you in any way for that matter, they are there to stop people from getting in the US. So make sure you have "all" your ducks in a row before you try again. I would suggest getting an experienced lawyer. But this won't be cheap! Probably between 2 - 5 thousand dollars at least. I think this whole system is designed just to make lawyers rich. I hope this is at least a little bit helpful. Good luck to you, and your family.

[beejay 125]

I'm no expert but I think it depends on what it stated on the denial. Was he given a ban? Possibly for 3 or 10 years? If so he may be eligible for a waiver.

I would suggest sharing what it stated on the denial and then hopefully someone more knowledgeable on the subject can help.

Good luck to you and I'm sorry you and your family have been separated.

[whisper2me 0]

Got to

www.immigrate2us.net

for info....

[Gonzaga 0]

Hi Gonzaga

The best advice I could give you would be for your husband to voluntary put himself into drug rehab class that would be viewed as acceptable to the US Consulate first. I understand that he really doesn't need it, as you already stated he was only experimenting at the time, and not abusing. But this would give you some additional ammo to use on your petition. You might even consider having him take a hair sample drug test so you can provide this to the US Consulate as proof of how long it has been since he has had any controlled substances in his system. Unfortunately the people working at the US Consulate are not there to help you get your paperwork in order, or to help you in any way for that matter, they are there to stop people from getting in the US. So make sure you have "all" your ducks in a row before you try again. I would suggest getting an experienced lawyer. But this won't be cheap! Probably between 2 - 5 thousand dollars at least. I think this whole system is designed just to make lawyers rich. I hope this is at least a little bit helpful. Good luck to you, and your family.

Thank you for taking time to reply to my post. I will forward your recommendation to my husband. After he received a permanent ban, we've consulted about 5 lawyers including Gurfinkel, Robert Reeves, Mike Sturman and 2 others from Manila. All but Robert Reeves offered a 50-50 chance. The rest flatly could not take our case (then) because they could not argue our case. But 2 years have passed. I'm a citizen now and a new case Bustamante v Mukasey has, apparently, opened some doors.

I'm no expert but I think it depends on what it stated on the denial. Was he given a ban? Possibly for 3 or 10 years? If so he may be eligible for a waiver.

I would suggest sharing what it stated on the denial and then hopefully someone more knowledgeable on the subject can help.

Good luck to you and I'm sorry you and your family have been separated.

Thanks for taking the time to post a reply. My husband was given a permanent ban.

[beejay 125]

[quote name='Gonzaga' date='Dec 8 2008, 10:24 PM' post='2461590'

Thanks for taking the time to post a reply. My husband was given a permanent ban.

I'm sorry to hear that. From what I know I don't think there is a waiver that you can file after a permanent ban.

It doesn't look like your going to get much more help here, I would post your question at www.immigrate2us.net as a previous poster suggested. They have much more experience dealing with bans and waivers and if you're looking to fight this they would be the best people to offer support and advice.

good luck

-b

[himher 634]

Family unification is not a 'constitutional right', unfortunately.

Your husband falls under "classes of inadmissable aliens" BUT there have been examples of waivers granted after (which an earlier poster suggested) rehabilitation followed by an evaluation (done by the embassy doctor of course). It takes months to years....

Since every addict in every courtroom in America uses the "done it once" and "doesn't abuse" defense every day, I doubt that explanation went over very well at the consulate. It kind of sucks to be separated, but the law is the law....

[Chica Yeyé 41]

A permanent ban is almost impossible to overcome. Indeed, get the best possible attorney.

And your status as a citizen vs. the prior as an LPR has no impact on said ban.

Edited December 9, 2008 by *Len*

[cay206 0]

My husband was denied a visa due to admission of use of controlled substance. He tried it only; there was never abuse. The denial was in 2006. Now that I am a US Citizen (Aug 2008), would it make a difference if I re-petitioned my husband? I’d like to cite my constitutional right to family reunification. Would someone please help us? Our children and I have been away from him since 2004. Thank you!

I am in the same boat with you. My husband was denied a visa due to drug admittance in 2003 and I am a US citizen. He is still in the Philippines. I have submitted another I-130 for him by our lawyer's suggestion. It is still in process now. It's been a few years and his paper seemed to have been lost at the Manila embassy because our lawyer tried to contact them to get more specifics on his case and they never returned her inquiry, hence we are filing another petition. I don't know how it's going to be the second time around. I suspect that they will be even more strict with him because of his prior denial. Just yesterday I got a notice from USCIS telling me that my petition for him got transferred to my local USCIS office and that I need to show up for an interview. Others who have applied the same time as we did are being approved but I guess our situation needed a little more looking into.

I feel your pain. I have been in that situation for a long time now. I hope we can update each other because we are in the same situation.

[canadian_wife 1,829]

I am very sorry for your situation, but sadly you have no constitutional right to family unification. Simply put, the consitution does not state that you have that right.

I suggest you consult Laurel Scott, she offers free immigration chats on Wednesdays to figure out what, if any, your options are

Also, immigrate2us.net is a great site for inadmissablility and bans

Good luck

[bajankutie 4]

i do have a question do they just ask if you have even used drugs or was it in the medical report?

[LIFE'SJOURNEY 970]

For those who are going thru the Jamaican embassy it can be either, they can ask directly, or indirectly, or they can do a blood/urine drug test. We here on the yardie forum have seen and heard of it being conducted in all of these ways. We have seen an OP denied because of association with someone who had done drugs. If you want a better sense of some of these cases, I would suggest you review the Jamaican embassy reviews. This tab is http://www.visajourney.com/reviews/.

[Used to be broken 147]

I am very sorry for your situation, but sadly you have no constitutional right to family unification. Simply put, the consitution does not state that you have that right.

I suggest you consult Laurel Scott, she offers free immigration chats on Wednesdays to figure out what, if any, your options are

Also, immigrate2us.net is a great site for inadmissablility and bans

Good luck

I would disagree with this statement, the Constitution and the bill of rights does address free association and there are court cases that support a right to family unity.

That said USCIS and the State Department do not recognize this and Congress has put laws in place that interfere with these US Citizen rights. Some day we might see a court case to deal with Mixed Status family rights. In the meantime a good attorney would be the best route to family reunification.

[canadian_wife 1,829]

While I don't disagree that court cases have ruled in favour of family unification, no where in the Consitutution does it say you have a right to family unification. And the same goes for the Bill of Rights. Further, courts have certainly ruled against family unification - deporting spouses and forcing families apart for years.

Unless, that is, you can quote directly the portion of the consitution which proves me wrong - and freedom of association is not the same as a right to family unification.

[OBX 51]

While I don't disagree that court cases have ruled in favour of family unification, no where in the Consitutution does it say you have a right to family unification. And the same goes for the Bill of Rights. Further, courts have certainly ruled against family unification - deporting spouses and forcing families apart for years.

Unless, that is, you can quote directly the portion of the consitution which proves me wrong - and freedom of association is not the same as a right to family unification.

^^ Agreed.

While this is a very difficult situation for the OP and her family I would agree that a permanent ban will be very difficult to overcome.