K-1 Visa Medical Exam and Past Drug Use

[HeatDeath 430]

"OP" stands for "Original Poster". It's a conversational convention to direct a comment directly to a thread's originator as opposed to any subsequent contributor.

[bigdog 376]

If needed contact a professional with immigration for the proper way to respond.

[Stacyyy 23]

This legal research paper discusses the legalities surrounding revelations of drug use at US immigration medicals, and is remarkably comprehensive and thorough. Read it. Now. I'll wait.

http://www.wolfsdorf.com/Stevenson%20FINAL.pdf

The upshot being that if the physician determines you to currently be "a drug user or drug addict" that is a Class A (deniable) medical condition, and will get your visa application denied. The physician also may determine you to have "a mental disorder" that renders you likely to cause harm to yourself or others. This will also get you denied.

Alternatively, admitting to past drug use while making a convincing case that there is no current drug use could get you labeled as an addict "in remission", which is a Class B condition and they can, in principle, force you to go to rehab in the US as a condition of your AOS.

This matches well with what I've read here of panel physician's treatment of prior drug use in Jamaica, where prior marijuana use is far from unheard of among visa applicants. The current practice (according to a thread I've read here in the last 3 weeks or so) seems to be to fail you, but allow you to reapply in a year. They apparently treat being drug free for a year as a bright-line threshold for determining that no condition of drug use or abuse currently exists. The paper refers to three years being the threshold within which drug use is treated as a deniable condition, but this may have changed recently.

A lot of the advice you're getting here is rather muddled. Having any detectable quantities of anything in your system will virtually certainly get you denied and told to come back in a year. Admitting to any use within the last year (or three) - probably the same. Admitting to any use farther back than that is much more murky - it'll be the physician's discretion that determines whether he thinks a condition of drug abuse or addiction, in remission or not, currently exists.

And of course you know not to even think about lying. If the lie is ever caught you can get deported, even if you've become a US citizen in the meantime. As far as I know there is no statute of limitations on denaturalization and deportation due to material misrepresentation.

Thanks for posting that link. I agree that a lot of the information is muddled but it's so difficult to know. I'm sure it's can vary depending on where you are from and what doctor is seen. I'm just thankful that I haven't used in a long time. Hopefully that will help my case.

It sounds like at worst I may have to jump through some more hoops which I'm prepared to do if needed to. Lying is not a good idea and not worth the risk. I've come this far...

[Stacyyy 23]

I can tell you from my experience when I had my medical exam in Toronto, Ontario the doctor there did not ask me about drug use at all. I do not even recall that question being on the questionaire. But that could have changed by now as my medical was done in 2011. If they ask tell the truth but if they don't ask you don't have to provide that information. Only answer the questions that are being asked of you.

My fingers are crossed that I won't be asked. Either way I'm definitely not going to volunteer any information. That's something that I've learned can be important.

[Melo 1]

I have been in America since 2006... I informed the immigration officer that I had done heroin... in addition I answered the question pertaining to drug usage on the form and informed the doctor when I went for the medical examination. I have no desire to live a lie or wondering whether I would be found out... I never had any real desire to move to America... never dreamt I would marry an American and live in America... and now that I am here wish I could convince my husband to leave and move back to England...

[Melo 1]

I would also like to say that you should proceed with caution when taking an oath that all you have stated on the form is the truth and nothing but that... you simply do not know when someone from your past could appear in your present... would you be willing to risk everything by lying... or would you rather wait and get in the right way? I certainly did not have to do any rehab... nor have I had any problems arising from the fact that I stated I had been a user.

[Stacyyy 23]

I applaud you for your honesty. I really believe it's the best and only option. Like you I've come a long way and intend to do this the right way.

[Melo 1]

Good on you... that is the only way to be - proud of the fact that you have kicked the habit... no reason to lie...

[clairegie 265]

People with the same situation, I thought you might be interested in similar posts:

http://www.visajourney.com/forums/topic/443817-admiited-previous-drug-use/

http://www.visajourney.com/forums/topic/355786-prior-drug-use/

Basically, some said they got delayed for a year until they can prove they no longer do it, some got denied, some got approved.

[Stacyyy 23]

Good on you... that is the only way to be - proud of the fact that you have kicked the habit... no reason to lie...

Exactly!

People with the same situation, I thought you might be interested in similar posts:

http://www.visajourney.com/forums/topic/443817-admiited-previous-drug-use/

http://www.visajourney.com/forums/topic/355786-prior-drug-use/

Basically, some said they got delayed for a year until they can prove they no longer do it, some got denied, some got approved.

Thank you for sharing that. I think I'll be okay cause I don't have any problem with it.

[Stacyyy 23]

I just want to say thanks to everyone who helped me out and encouraged me to be honest. I got my visa today!!

[Melo 1]

I am so pleased for you!!! Way to go!!!

[SparklePony 238]

Awesome!

You might want to share some details of the original situation (what the medical was like, etc), so that others who need answers may learn a bit more.

[Stacyyy 23]

I definitely will be writing a thread with all of the details very soon! In the meantime, if someone reads this and has questions, feel free to message me!

[curious_pinay 0]

Hi,I'm applying for the k1 visa,ive been diagnose hepatitis b 5 years ago,is my disease can be detect if I already undergo through my medical examination,plz guys give me an answer,ive been panicking cuz my interview will be two months from now and my petition is been approved,I dont want my visa to be denied because of my illness...

Hi,I'm applying for the k1 visa,ive been diagnose hepatitis b 5 years ago,is my disease can be detect if I i will undergo through my medical examination,plz guys give me an answer,ive been panicking cuz my interview will be two months from now and my petition is been approved,I dont want my visa to be denied because of my illness...