Confused after denial

[Ginet 0]

My husband was denied a U.S. visa under 212a2C. According to the officer, he was not eligible for a pardon or for an appeal. We are certain that the officer's decision was incorrect as to her "suspicion" for the denial. A few weekdays after the denial, my husband was called by the clinic to re-do a drug test. This is the 2nd surprise drug test he has to do after the initial check-up but the first one after the interview. Undoubtedly, my husband does not do drugs. The reason for the denial is not for drug use, it’s for suspicion of being involved with drug trafficking. My husband was wrongly accused of a crime and found not guilty. The DOS website states that the visa was refused. I called the embassy to become informed that the visa was not refused and it is still open and to call back in 6 weeks when the embassy receives the results.

I contacted a lawyer who finds this scenario odd. I will see him again this Thursday. He advised me to file a FOIA to request my information. Any advice??/

Edited April 9, 2013 by Ginet

[GodsGift225 54]

Again sorry for the inconvenience this matter has caused you, but at this point your best bet is to get an experienced lawyer in cases like yours, that will NOT just want to take your case to charge you an arm and leg... And then at the end you've invested all this money and tells you nothing could be done. In my option it sound like the IO is "doubtful" about your husbands background with the drug trafficking issued in the past, but then again if he was called in for drug test she seem to also be "suspicion" if he had been consuming it. If I were you I would wait the 6 weeks that you was told by the Embassy before filing FOIA, unless you have the funds to spend on it by all means... But if the visa was not refused then maybe the will make a decision once they have received this medical results.

[Ginet 0]

I will wait the 6 weeks because I do not want to cause any delays on my part. In my opinion, the denial is not substantiated with facts. Therefore, they are searching for anything they may use to support their denial. Unless, I am completely unaware of other facts pertaining to this. But then again, why would they open it. And ask for more tests if the previous 2 were clean.

Edited April 9, 2013 by Ginet

[GodsGift225 54]

I will wait the 6 weeks because I do not want to cause any delays on my part. In my opinion, the denial is not substantiated with facts. Therefore, they are searching for anything they may use to support their denial. Unless, I am completely unaware of other facts pertaining to this. But then again, why would they open it. And ask for more tests if the previous 2 were clean.

Exactly! Sound like they are looking for a further more reason to back up their "denial" by giving him unexpected drug tests, I say hold on for now wait the 6wks but continue to "shop" around for lawyers that are highly experience in this type of cases. I wish you the best of luck and how that this can get resolved promptly! My prayers are with you and your family!

[sarah2013 0]

Talk to your immigration lawyer, and hopefully your application will be smooth.

My husband was denied a U.S. visa under 212a2C. According to the officer, he was not eligible for a pardon or for an appeal. We are certain that the officer's decision was incorrect as to her "suspicion" for the denial. A few weekdays after the denial, my husband was called by the clinic to re-do a drug test. This is the 2nd surprise drug test he has to do after the initial check-up but the first one after the interview. Undoubtedly, my husband does not do drugs. The reason for the denial is not for drug use, it’s for suspicion of being involved with drug trafficking. My husband was wrongly accused of a crime and found not guilty. The DOS website states that the visa was refused. I called the embassy to become informed that the visa was not refused and it is still open and to call back in 6 weeks when the embassy receives the results.

I contacted a lawyer who finds this scenario odd. I will see him again this Thursday. He advised me to file a FOIA to request my information. Any advice??/