PSA: Marijuana Is Still Illegal In The USA

[del-2-5-2014 1,339]

I wanted to put this out there due to the recent rash of denials due to medical tests comming back as positive during pre immigration medical examinations. Most denied folks seemed alarmed to this denial and I am sure it's due to lack of preparation and research on this gruesome process.

First, not sure if it's unknown since we have a rather unique style of government in the US. States can make certain laws but state laws can never override federal laws. So some certain stataes such as Washington states did pass laws making marijuana legal but this never trumps federal laws. So while you may be able to light up in front of a local police officer safely but doing so in front of a federal police officer may result in an arrest.

Second, it doesn't matter if the state that you're moving to legalized marijuana. You're asking for a federal immigration benefit and not a state one. So you have to comply with federal laws.

Third, it seems that second hand marijuana smoke causes a positive test. So for the sake of all that is holy do not be around those that smoke since it will lead to a denial of your visa with a ban.

Fourth, if you do smoke, you can go get tested first to see if it will come back positive before you submit yourself to the official medical test, maybe there are home tests?. During the official test I think you will be asked if you have ever smoked marijuana. Answering yes seems to be leading to a denial with an automatic one year ban which used to be a 3 year ban. How you answer is critical since lying may lead to a lifetime ban due to misrepresentation. I am happy that I do not have this predicament but you need to be prepared for this. A member suggested answering the Physician "I do not remember if I have ever smoked marijuana, let's do the test to find out". Not sure how this would play out, really not sure.

This Visa Journey is so fraught with seemingly uncontrollable pitfalls much also that I think applicants should really try to edge the bet towards themselves by doing tedious research.

Please do not misunderstand me, while I do not smoke but I am morally flexible to understand benefits to those that may do. It's just that this is a costly process and then to compound it with another year of a ban with costly medical tests during the 1 year ban seems idiotic when it can be easily avoided.

[Ontarkie 14,222]

~~Moved to General Immigration-Related Discussion, from Effects of Major Family Changes on Immigration Benefits - As this concern the medical and interview times before visa is granted to come to the US, and this forum would reach more people in this forum.~~

Edited December 4, 2013 by Ontarkie

[Mehur4e 4]

Is this related to the immigration medical exam that u do before sending the documents for AOS ? Do they check your blood for marijuana and ask u questions have u ever smoked, and if the answer is yes or the blood result is positive u get 1 year ban? And what exactly is that 1 year ban?

[del-2-5-2014 1,339]

1) Is this related to the immigration medical exam that u do before sending the documents for AOS ? 2) Do they check your blood for marijuana and 3) ask u questions have u ever smoked, and 4) if the answer is yes or the blood result is positive u get 1 year ban? 5) And what exactly is that 1 year ban?

1) This is for the medical test you do in the foreign clinic before getting yoru visa. I am nto sur ei fyou have to do the same test for AOS. The astute beneficiary will research though as the answer will be on here.

2) For the test above, yes.

3) Seemingly so.

4) Yes.

5) Visa will not be issued a visa for at least one year. There are more requirements.

[Ontarkie 14,222]

Yes this concerns medical and interview in the home country. If the person is doing a medical in the US it may also apply.

[LIFE'SJOURNEY 970]

Gowon,

i had posted these same comments on this forum previously, but the naysayers didn't want to believe that all

DRUG testing is done in all countries medical. Illegal drug is tested as part of the medical for immigration to the US, it does not mean that all indivuals are tested. It just might be someones unlucky day to get tested or questioned. The US immigration has a none discrimation policy on drug testing, therefore any indivual from any contry can be tested or questioned for illegal drugs.

When I pointed this out, the naysayers only wanted to believe that this only happens in developing countries. As I had stated only the brave will come bak on a public foum and tell that they were denied for illegal drug testing or questions.

Others just quitely wait out the 1 year ban.

[christeen 966]

Just as you watch your driving so as not to have issues before interviews, watch who you are around and heed the warnings to steer clear of exposure to cannabis... Random testing is done everywhere, don't put yourself in a predicament unnecessarily .... As far as how you answer any questions presented, that is a personal judgement call but I would certainly not volunteer any information...

[NikLR 13,227]

Listen to this advice people. Follow FEDERAL law when trying to come here with your loved ones.

[NigeriaorBust 4,087]

I am not a proponent of "medical" use even though I could get it in a heat beat ( it wouldn't stop the darn hair loss and the rashes which probably bothers more than the nausea )

I think no matter how you warn people the people that think using is OK also somehow of the mind set that they are not going to get caught. I also noticed that the denials go up near holidays ( party time I guess )

[Kajikit 65]

Yes they check EVERYONE who applies... there's no discrimination involved. I was a middle-class squeaky clean never-even-LOOKED-at-a-drug-in-my-life Australian and I still had to have the completely unecessary drug and STD tests, and the humiliating inspection of my private parts. Unless they make a major change in the law, the testing will apply to everyone. I'm sure they do it on children and old age pensioners alike.

[fantonledzepp 159]

Great post Gowon.

[dwheels76 5,468]

Interesting read here for those asking the why the law and rule. Has nothing to do with whats in your body when you tested (well yes if you tested dirty), but its about you admitting to committing a crime pure and simple that's what admitting to taking drugs is. You’ve admitted the essential elements of a crime involving moral turpitude, which is the use of illegal drugs.

In case you’re wondering, "moral turpitude" is a term referenced in U.S. immigration law that means you’ve violated community standards of justice, honesty or good morals.

And I love his advice no lie or anything. Just don't use. And yes we have come along way from lifetime bans but the world better wake up. You want in you got to play by the host rules.

ADMITTING DRUG USE COULD RESULT IN A LIFETIME BAN

by Michael J. Gurfinkel, Esq.

Many Filipinos consulted with me regarding the same problem: their visa was denied by the U.S. Embassy because they admitted to the doctors at St. Luke's that they had, years ago, smoked marijuana or used some other drug. At their visa interview, they are shocked to find that their visa is being refused, with the annotation "you have admitted to committing acts which constitute a controlled substance violation - no waiver."

In one case, a 29-year-old nurse had been recruited for a job in a U.S. hospital. During visa processing, she was asked a very routine question: "Have you smoked marijuana or taken any controlled substance?" The nurse said that she had "tasted" marijuana once during a party when she was 18 years old. It was just a harmless "try", done out of curiosity. Her visa was denied, and she was banned for life.

Another person was a middle-aged man, said he tried marijuana two or three times when he was a teenager. His visa application was likewise denied. This man, who was petitioned by his U.S. citizen parents, had waited for more than 10 years for his priority date to be current. But now he was being told he would never go to the U.S.

None of these people had ever been charged with, or convicted of, any drug-related crime. They merely admitted that they tried or tasted marijuana or other drug during their younger days.

Under U.S. immigration laws, a person is inadmissible (not eligible for a visa) if they have ever been convicted of, or admitted having violated any law of any country relating to a controlled substance. As the law states, "[A]ny alien convicted of, or who admits having committed , or who admits committing acts which constitute the essential elements of . . . a violation of . . . any law or regulation of a State, the United States, or a foreign country relating to a controlled substance . . . is inadmissible." Marijuana is considered a "controlled substance." Therefore, if you smoked (or "used") Marijuana, you may have violated a law relating to a controlled substance.

It may seem that U.S. immigration laws were harsh in the case of the nurse and middle-aged man, who had merely tried marijuana out of curiosity many years ago. But, the use of Marijuana in the Philippines is against the law, and admitting marijuana use was enough for the Embassy to refuse the visas under Section 212(a)(2)(A)(i)(II). This was the case even though they never used marijuana again, and blood tests would never reveal the use of drugs or Marijuana. But they admitted to having smoked Marijuana, which could be a violation of a law relating to a controlled substance. And now they had to suffer the consequences. (The Embassy was only following and enforcing the law, in refusing the visas.)

Therefore, it is my strong advice to anyone who is under petition that you do not take any drugs, or you could jeopardize your coming to America. The U.S. Government is taking a very tough stance against people who use drugs or violate drug laws

[NigeriaorBust 4,087]

Interesting but but totally WRONG this is almost a decade old and based on older stance on drug use Pot no longer leads to a lifetime ban ( casual person use sale of any illegal drug is a ban )

[dwheels76 5,468]

Interesting but but totally WRONG this is almost a decade old and based on older stance on drug use Pot no longer leads to a lifetime ban ( casual person use sale of any illegal drug is a ban )

You must have jumped over the first part that I said and I stated:

"Interesting read here for those asking the why the law and rule. Has nothing to do with whats in your body when you tested (well yes if you tested dirty), but its about you admitting to committing a crime pure and simple that's what admitting to taking drugs is. You’ve admitted the essential elements of a crime involving moral turpitude, which is the use of illegal drugs.

In case you’re wondering, "moral turpitude" is a term referenced in U.S. immigration law that means you’ve violated community standards of justice, honesty or good morals.

And I love his advice no lie or anything. Just don't use. And yes we have come along way from lifetime bans but the world better wake up. You want in you got to play by the host rules".

The question was asked in the other thread (there are 3 of them people getting denied just this week). And no nothing about this is WRONG then or now. All 3 people were just like the people in this story and weren't users and were asked about "have you ever". So how is this article not relevant. Or how is it wrong?

People want to know the history why and all that they need to know. This is just as relevant today as it was 10 years ago. So the penalty is less. The question is still the same "have you ever used illegal drugs" yes 1 year ban plain and simple.

[NigeriaorBust 4,087]

If the answer to have you ever is yes then they are users of the drug. It is very simple the only ones how haven't used the drug are just that people who have NEVER used the drug. I don't understand why people have such a total lack of personal accountability that they try to white wash the fact they are drug users