Please help a friend in need!

[tutubi10 0]

Hi,

A dear friend of mine needs help desperately. She has 5 kids 3 of her siblings are already here in the states and 2 is still in the Philippines ages 15-18. She petitioned them and the other one who is 18th of aged got his visa denied due to Section 212(a)(1) Health related grounds by admitting to his physical examination that he tried to use drug once out of curiosity few years back, but poor kid just want to be honest and tell the truth since his Mom told him to be so the process will be much faster for their family to be together and thinking that it won’t be so much of a big deal since he just did it once in his life didn’t realize that it will get him into so much trouble. My friend want to know what they have to do next regarding his case and if they can apply for a waiver? If so what kind and what evidence or proof they should submit and how long does the process usually takes? Thank You for your time and any answer regarding this matter will truly appreciate.

[canadian_wife 1,822]

The waiver depends. When he was denied, did the denail letter say there was a waiver available?

Generally drug use denials do not allow for a waiver

Good luck

[Dakine 26]

Hi,

A dear friend of mine needs help desperately. She has 5 kids 3 of her siblings are already here in the states and 2 is still in the Philippines ages 15-18. She petitioned them and the other one who is 18th of aged got his visa denied due to Section 212(a)(1) Health related grounds by admitting to his physical examination that he tried to use drug once out of curiosity few years back, but poor kid just want to be honest and tell the truth since his Mom told him to be so the process will be much faster for their family to be together and thinking that it won’t be so much of a big deal since he just did it once in his life didn’t realize that it will get him into so much trouble. My friend want to know what they have to do next regarding his case and if they can apply for a waiver? If so what kind and what evidence or proof they should submit and how long does the process usually takes? Thank You for your time and any answer regarding this matter will truly appreciate.

USEM is VERY strict on any drug use.

Have her get her senator working on it ASAP.

Also tell your friend to get a GOOD attorney.

Edited September 17, 2009 by Haole

[MikenKyhen 0]

Hi,

A dear friend of mine needs help desperately. She has 5 kids 3 of her siblings are already here in the states and 2 is still in the Philippines ages 15-18. She petitioned them and the other one who is 18th of aged got his visa denied due to Section 212(a)(1) Health related grounds by admitting to his physical examination that he tried to use drug once out of curiosity few years back, but poor kid just want to be honest and tell the truth since his Mom told him to be so the process will be much faster for their family to be together and thinking that it won’t be so much of a big deal since he just did it once in his life didn’t realize that it will get him into so much trouble. My friend want to know what they have to do next regarding his case and if they can apply for a waiver? If so what kind and what evidence or proof they should submit and how long does the process usually takes? Thank You for your time and any answer regarding this matter will truly appreciate.

USEM is VERY strict on any drug use.

Have her get her senator working on it ASAP.

Also tell your friend to get a GOOD attorney.

Yep. I agree with Haole's advice. It's a complete shame that you are punished for telling the truth and being honest but it is what it is. Tell her to get a damn good attorney and prepare for a long and expensive process. Good luck to your friend.

[Penguin_ie 5,993]

Yep, attorney time.

I have seen waivers being allowed where the drug use was minor, a long time ago and the person showed they had rehabilitated (letter from psychiatrist, gone to rehab etc), but it is rare.

[tutubi10 0]

Yes. He is a minor prolly about 14-15 yrs of age when he tried to use it due curiosity. Thank You for the reply. We will seek a lawyer regarding his case.

[DEDixon 39]

Actually, he is the lucky one... all those people in the states to support him back home, that's way better than being in the USA!!!

[D&R 0]

Yes. He is a minor prolly about 14-15 yrs of age when he tried to use it due curiosity. Thank You for the reply. We will seek a lawyer regarding his case.

Just because you take drugs 'out of curiosity' doesn't make it OK. It's illegal...!!!

[christeen 966]

Yes. He is a minor prolly about 14-15 yrs of age when he tried to use it due curiosity. Thank You for the reply. We will seek a lawyer regarding his case.

Just because you take drugs 'out of curiosity' doesn't make it OK. It's illegal...!!!

Yes, true, but just because you did something stupid when you were 15 should not mean that you are punished so strictly... Imagine if all of us USC who tried pot or did something stupid when we were teenagers were to be banned to enter a country or punished so severly??? Glad I am the USC and they never had to ask me that...

To OP... I am truly sorry, get a lawyer and try, try, try.... I know they are pretty black and white about this... best of luck....

[JimVaPhuong 4,863]

Yes. He is a minor prolly about 14-15 yrs of age when he tried to use it due curiosity. Thank You for the reply. We will seek a lawyer regarding his case.

Just because you take drugs 'out of curiosity' doesn't make it OK. It's illegal...!!!

Yes, true, but just because you did something stupid when you were 15 should not mean that you are punished so strictly... Imagine if all of us USC who tried pot or did something stupid when we were teenagers were to be banned to enter a country or punished so severly??? Glad I am the USC and they never had to ask me that...

To OP... I am truly sorry, get a lawyer and try, try, try.... I know they are pretty black and white about this... best of luck....

Being denied a visa to the US is not a "punishment". They don't go to jail. They don't pay a fine. Nothing changes for them. They simply asked the US government to grant them a privilege, and the US government said no. On the other hand, there are plenty of US citizens who are in prison for trying drugs one time.

I am sorry that the OP's family is separated like this, and I think it sucks that the US government will deny a visa for something like marijuana use, which is relatively benign and has been decriminalized in many states (I'm presuming the 'drug' in question was marijuana). But, those are the rules that are currently in place, and you accept them when you choose to immigrate to the US. There is always a risk when an entire family immigrates that one or more members of the family will be found inadmissible.

[christeen 966]

I just find it sad that the kid decided to be honest as is requested, to give honest answers and is denied for it Thats all... So you have to be a liar which is valued more than having done something stupid during a very vulnerable stage in ones life. And if you smoke pot when you are a minor and get caught, it is a misdemenor and erased from your record at 18, unfortunatly his mistake and his honesty are being punished far past the crime he committed.