Got denied at interview in Montreal because .... Please help.

[ulechka 1]

I'm really hoping you guys can help a little!

first I was denied entrance to US in 08/08 because of 2AiII - which is a first offence of marijuana possession under 20 grams(3 joints to be exact) and 7Ai which are codes written in my passport which mean did not have correct visa to stay in US as visitor and have not been back since. I was not deported I was let go. I got married since to a US citizen in Canada on 12/09 and filed for immigration to US. I then got approved at USCIS and NVC but got denied at the interview in Montreal at the consulate on 02/11 because,

1) need secondary medical to discuss past marijuana use

2)police record from florida demonstrating amount of marijuana found on applicant

3)Section 212(a)(2) A2: Controlled Substance Violator (it says this as marked on the refusal sheet they gave me)

4)"Further consideration will be given to your visa application after you obtain and present the documents listed above and/or the following: I601 approval from USCIS - I know this is a waiver.

Any suggestions you guys? Do you think if I send in all proper documents would I still have to apply for a waiver?

What other options do I have? Please help!

Thank you very much.

[Used to be broken 147]

I'm really hoping you guys can help a little!

first I was denied entrance to US in 08/08 because of 2AiII - which is a first offence of marijuana possession under 20 grams(3 joints to be exact) and 7Ai which are codes written in my passport which mean did not have correct visa to stay in US as visitor and have not been back since. I was not deported I was let go. I got married since to a US citizen in Canada on 12/09 and filed for immigration to US. I then got approved at USCIS and NVC but got denied at the interview in Montreal at the consulate on 02/11 because,

1) need secondary medical to discuss past marijuana use

2)police record from florida demonstrating amount of marijuana found on applicant

3)Section 212(a)(2) A2: Controlled Substance Violator (it says this as marked on the refusal sheet they gave me)

4)"Further consideration will be given to your visa application after you obtain and present the documents listed above and/or the following: I601 approval from USCIS - I know this is a waiver.

Drug BAN Memo USCIS

There is no question you will need the waiver, the and/or stuff does not apply in the 212(a)(2) deal.

Also, hope you are not still fooling around with this stuff as the second medical will include drill about your drug use, and you will now I believe be required to "prove" you are not a habitual drug user. The medical will evaluate you for substance abuse problem, and probably drug test you.

If you are off the stuff, start having yourself tested now on a weekly or monthly basis to use as "evidence" you are clean and rehabilitated because I believe you need to prove you are in remission to be able to get the waiver.

The request for the Police records is to confirm the amount to make sure you are eligible for a waiver.

"The practical significance for diagnosis of remission is that applicants who are or have been determined to be Class A for drug abuse or addiction for those substances listed in Schedule I through V of Section 202 of the Controlled Substance Act are not eligible for a waiver and must complete the time period for sustained, full remission before reapplying for a visa."

I think you should get an attorney who specializes in this stuff to guide you through the I601 process, one of the many problems here is the medical will now create new opportunities for you to get charged with misrep.

Edited February 16, 2011 by brokenfamily

[Used to be broken 147]

Drug BAN Memo USCIS

I find this a bit confusing , but it might be saying a single arrest or conviction for the last 5 years or two or more arrest or convictions for the last ten years automatically triggers an evidence of assoc. mental behavior for (iii) purposes thus an automatic evaluation to CDC?

Which is why I strongly advise attorney in your case.

[Used to be broken 147]

Here is one more link for you on the medical/drug abuse medical part;

CDC Link on Procedures

[canadian_wife 1,822]

Certainly, a qualified lawyer is probaby necessary with this drug charge. It will be a haul to overcome. You might want to start collecting evidence of your 'rehabilitation' especially since it was such a recent drug charge

Sorry for your denial, but it should have been expected. the Consulates don't look kindly with things like domestic violence, gang offences, and...drugs

Good luck

[NigeriaorBust 4,087]

Waivers are tough from Canada because it is harder for the USC to show why they can't live there. The federal government is pretty much hard core about any drug offense.

[Darnell 8,478]

from item 4, and/or - I must assume (from reading) that if you give all the documents asked for in 1 through 3, then a 601 waiver is not required.

But that's just a best guess, and I may be wrong.

[Sergi9 110]

from item 4, and/or - I must assume (from reading) that if you give all the documents asked for in 1 through 3, then a 601 waiver is not required.

But that's just a best guess, and I may be wrong.

You are sadly wrong here. And/or Approved I601 in which case he would have already submitted the aformentioned documents to USCIS in order to get approved.

I am sure you know the drug use and possesion are inadmissabilities that must be overcome via a waiver, not sure why you would sumise otherwise or lead OP in wrong direction.

[Darnell 8,478]

Sergi - thanks for the clarification !