Honesty

[Chica Yeyé 41]

wow, that is bad. I was under the same impression as tallcoolone. I have heard that they get denied for that. Hopefully the lawyer will help. Keeping my fingers crossed for you.

You are correct. Substance abuse is a ban-offense. Whether it is alcohol, marijuana, prescription drugs, etc.

[Passing.star 0]

About 1 to 2 years ago there was someone that admitted to drug use at their interview at manila and they were denied the Visa.. I forgot who the person was.. Hopefully someone here on VJ can remember the post that I am talking about.

yeah, I remember that post too. The girl told theexaminer that she had tried it once for fun and she was denied during the interview just because of sniffing marijuana once. I don't remeber the name of the poster too eventually their relationship didn't work out aftet that.

[=FoxyBLUE= 2]

Has my fiancee`s honesty killed her chances of getting her visa? During her medical exam she admitted to using drugs 1 time 7 years ago. I`m devastated thinking that now because of her honesty she might not get to come here.

Same thing happened to my bestfriend..he admitted drug usagebut that was 20 years ago..he was scheduled for Psychological Test after a week.....went to his interview and was "denied". Thinking it was 20 years ago....

And now, I'm looking for Lawyers in California to help him with his appeal...Appeal will cost us $3,000-4,000....

At least your fiancee was honest enough to admit....

Anyway, just to CHEER YOU UP! wanna share this article I read.....

NEW HOPE FOR PEOPLE WHO “ADMITTED” DRUG USE TO DOCTORS AT ST. LUKE’S

By Michael J. Gurfinkel

In two recent decisions, the Administrative Appeals Office (AAO) held that when an alien was not given an adequate definition of a drug crime, including all essential elements, any admission or confession by that alien of the crime could not be used against him for immigration purposes. This is great news for people who were refused their visas due to admitting drug use during their medical exam at St. Luke’s, Manila. If they did not receive an adequate definition of the crime, or warning about the consequences of admitting drug use (which is a lifetime ban), there may still be hope!

By way of background, in 2002, the Ninth Circuit Court of Appeals, in Pazcoguin vs. Radcliffe, held that an alien could be banned for life for admitting, to the doctors at St. Luke’s, that the alien had “used” drugs in the past. The ban applied even if the alien was never charged or convicted of any drug crime, and even if his drug test turned out to be “negative.” The lifetime ban results from the alien’s mere admission to the doctor or psychiatrist, of the use of marijuana or some other prohibited drugs in the past, even if the use occurred many years ago. Thus, people petitioned by US citizen spouses, other relatives, employers, etc., and had waited years for their petition to be current, found themselves banned for life, when the doctors asked if they ever tried marijuana or other drugs at any time in their life, and they said “yes.”

The AAO disagreed with the Ninth Circuit’s reasoning in Pazcoguin. First, the AAO held that because the alien’s residence was in the Philippines, and not the Ninth Circuit (which encompasses the western states), the Pazcoguin case was not controlling authority, and the AAO was not bound by the 9th Circuit’s ruling outside of the Ninth Circuit’s jurisdiction.

Second, the AAO stated that AAO “conducts the final administrative review and enters the ultimate decision for U.S. Citizenship and Immigration Services (USCIS) on all immigration matters that fall within its jurisdiction.” Therefore, it would be the AAO, not the Ninth Circuit, that would have the “final say” in cases arising outside the jurisdiction of the Ninth Circuit.

Third, in a decision by the Board of Immigration Appeals (BIA), Matter of K, the BIA held that the “validity” of an admission (or confession) for purposes of inadmissibility, required that the alien “be given an adequate definition of the crime, including all essential elements, and that it be explained in understandable terms.” The reason for this rule is to ensure that, “the alien would receive fair play and to preclude any possible later claim by him that he had been unwittingly entrapped into admitting the commission of a crime involving moral turpitude.” Also, it must be explained in plain English.

In these recent AAO cases, (one involving a petition by a US citizen spouse, and the other a petition by a parent), the applicants admitted to drug use only during a medical/psychiatric examination at St. Luke’s, in connection with immigrant visa processing. There was no evidence showing that the applicants were provided with an adequate definition of any crime. Further, the applicants were never charged with, or convicted of, any illicit drug crime.

The AAO further noted that the St. Luke’s doctors and psychiatrists who obtained the admission or confession about drug use, “did not provide the petitioner with a definition of a crime to which he was admitting the essential elements.” Thus, no adequate warning was given to the applicants. Accordingly, under Matter of K, that admission or confession of drug use could not be used against the applicant.

Moreover, the AAO noted that doctors and psychiatrists at St. Luke’s perform “examinations for the benefit of the U.S. government to determine if grounds exist that render aliens inadmissible to the U.S.” Therefore, there is no reason why the St. Luke’s psychiatrists or doctors should be exempt from providing adequate warnings or definitions of crimes, especially when the admission they obtained would later be used by the Embassy to ban the visa applicant for life for admitting drug use.

The AAO concluded that, “the evidence in the record is insufficient to support a finding that the applicant is inadmissible.” Therefore, the applicant’s waiver application “is unnecessary.”

If you or your relative were banned for life for admitting drug use, these AAO decisions are great news. I strongly suggest that you seek the advice of a reputable attorney, who can evaluate your situation, and hopefully help lift the lifetime ban (for admitting drug use) because the admission or confession of drug use was not properly obtained.

[Ban Hammer 13,110]

tos violation removed. previous warning invoked.

[tallcoolone 102]

Everyone has done drugs in their life.

Alcholol is a drug.

Alcholol is in perfume, MouthWash, Etc, Vanilla Extract, Etc........

[TayRivers 4]

Everyone has done drugs in their life.

Alcholol is a drug.

Alcholol is in perfume, MouthWash, Etc, Vanilla Extract, Etc........

Alcohol is not an illegal drug so no laws are broken when it is consumed..

[Chica Yeyé 41]

Everyone has done drugs in their life.

Alcholol is a drug.

Alcholol is in perfume, MouthWash, Etc, Vanilla Extract, Etc........

Alcohol is not an illegal drug so no laws are broken when it is consumed..

And even that sometimes --- at least 2 couples that we know of have been outright denied due to alcohol abuse, actually more like suspicion of alcohol abuse. One from Canada and one from the UK.

[WorriedPinay2 0]

We had the same problem and I asked the same exact question months agao. You must prepare her well for the psyche exam. Tell her to be pleasant, not combative and just keep smiling. After the psche, she will be classified as a type A, or type B user. Type A is an automatic ban. Type B, it is up to the descretion of the embassy CO. I attended the interview with her and would suggest you do likewise. It was not even an issue to our CO. We are now living happily in America. Here is the post I made a few months ago.

UPDATE

The interview with the psychiatrist was a breeze. She told me they were laughing part of the time. But he would give her no clue as too the final result. We rescheduled the Embassy interview to give me more time to do research.

At her interview she waited very nervously to be called. We had gone over her responses a 100 times. Finally, she gets called into the interview room. THE CONSULAR OFFICER NEVER EVEN ASKED ABOUT DRUG USE. All of the standard questions were asked and she was approved.

First to MSTEE, thank you for your post, That was one of the best articles on the subject and helped in our preperation.

To Clueless In USA, it is obvious where you got your boardname. You just keep walking on water and living your perfect life. It is much more fun to watch when people like you are caught in your hipocrasy and fall from your pulpit.

It always amazes me that the very religious remain the most judgmental of all people. I guess that whole thing about forgiveness is just something to say and not prtactice.

Well, it doesnt really matter, because my drug using fiance is on her way to America.

By the way, that is just a joke. She in fact lives one of the healthiest lifestyles I know. No meat, no smoking, no drinking, won't even take prescription meds unless she has no choice. Oh yea, but she doesnt judge peolpe who do.

[Cyn~n~Ken 0]

We had the same problem and I asked the same exact question months agao. You must prepare her well for the psyche exam. Tell her to be pleasant, not combative and just keep smiling. After the psche, she will be classified as a type A, or type B user. Type A is an automatic ban. Type B, it is up to the descretion of the embassy CO. I attended the interview with her and would suggest you do likewise. It was not even an issue to our CO. We are now living happily in America. Here is the post I made a few months ago.

UPDATE

The interview with the psychiatrist was a breeze. She told me they were laughing part of the time. But he would give her no clue as too the final result. We rescheduled the Embassy interview to give me more time to do research.

At her interview she waited very nervously to be called. We had gone over her responses a 100 times. Finally, she gets called into the interview room. THE CONSULAR OFFICER NEVER EVEN ASKED ABOUT DRUG USE. All of the standard questions were asked and she was approved.

First to MSTEE, thank you for your post, That was one of the best articles on the subject and helped in our preperation.

To Clueless In USA, it is obvious where you got your boardname. You just keep walking on water and living your perfect life. It is much more fun to watch when people like you are caught in your hipocrasy and fall from your pulpit.

It always amazes me that the very religious remain the most judgmental of all people. I guess that whole thing about forgiveness is just something to say and not prtactice.

Well, it doesnt really matter, because my drug using fiance is on her way to America.

By the way, that is just a joke. She in fact lives one of the healthiest lifestyles I know. No meat, no smoking, no drinking, won't even take prescription meds unless she has no choice. Oh yea, but she doesnt judge peolpe who do.

Thank you sooooo much!!! That makes me feel a little better, still extremely worried though. Could you possibly guide me to the post that MSTEE made? I`m sure you know how much any help in this matter is appreciated.

[Ndrangeta_one 0]

OK...people use common sense....will you....!!!!!

Google for DRUG test......depending on what substance that was used....

mostly it will explain how long the chemical stay in your BODY that it can be detected by the a test....

If it is chemical the stay in your body for a week, and some young FOOL experimented with it 15 years ago, what is the point of bring it up?

Confession regarding "cleansing of your soul" are best done in your CHURCH or with the appropriate ministry of your choice.

Amen....

[Ban Hammer 13,110]

OK...people use common sense....will you....!!!!!

Google for DRUG test......depending on what substance that was used....

mostly it will explain how long the chemical stay in your BODY that it can be detected by the a test....

If it is chemical the stay in your body for a week, and some young FOOL experimented with it 15 years ago, what is the point of bring it up?

Confession regarding "cleansing of your soul" are best done in your CHURCH or with the appropriate ministry of your choice.

Amen....

quite simply because one better be honest. a lie can get the beneficiary a lifetime ban. now about the common sense part you mention above - you might consider reading the vj terms of service, specifically the part about:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

[Besame Mucho 1]

Is a VJ mod entitled to just censure anything that he wants to? Geez, he’s a real party pooper, ain’t he? By the way, why does someone volunteer to direct the flow in a miniscule milieu such as this forum in the first place? Can’t he find a more fulfilling matter where to spend his productive hours? Telling what posters can do and can’t, or ruling certain posts as unfit, or deleting posts may reflect the characteristics of an effeminate man!

[marklovetina 52]

Is a VJ mod entitled to just censure anything that he wants to? Geez, he’s a real party pooper, ain’t he? By the way, why does someone volunteer to direct the flow in a miniscule milieu such as this forum in the first place? Can’t he find a more fulfilling matter where to spend his productive hours? Telling what posters can do and can’t, or ruling certain posts as unfit, or deleting posts may reflect the characteristics of an effeminate man!

Has my fiancee`s honesty killed her chances of getting her visa? During her medical exam she admitted to using drugs 1 time 7 years ago. I`m devastated thinking that now because of her honesty she might not get to come here.

what the heck?!!!!

uhmmm but sometimes white lies are good too....

[Kathryn41 3,205]

With respect to your comments about moderators . . . a moderator can remove any post that violates TOS. Posts recommending or suggesting illegal activity should be removed as allowing them to remain in the thread continues to encourage illegal activity. if you have any concerns about moderation issues in this thread I recommend that you contact Administration directly by using the contact form: http://www.visajourney.com/contact/. They will review your concern(s), the situation and if appropriate, confirm or modify the moderation decisions in question.

The TOS violation involved is: Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Here is the link to the TOS for Visa Journey: http://www.visajourney.com/forums/index.ph...&page=terms

[WorriedPinay2 0]

http://www.aila.org/content/fileviewer.asp...p;linkid=207198

I believe this was the link for the article he supplied.