PLEASE HELP

[MrMrsKnight 0]

Hi people..... I need some serious advice here. Or maybe just opinions :-)

My USC fiance lived with me here in Brazil for 2 years and during that time he suffered from depresion and anxiety. So the doctors here prescribed Rohypnol to help him sleep and to make the anxiety go away. When he went back to the US, the doctor wrote a prescription allowing him to use that pill on the plane so he took a few of those pills with him.

When he got to the US he started a treatment with an american doctor and stopped taking those pills after a few weeks, that was 6 months ago! Well, yesterday he got stopped by a police officer and when he searched the car... what did he find??? 4 of those pills were in the glove compartment!! He forgot them there since he wasn't taking them anymore(he still has the prescription he was given here in my country).... so they took him to jail and he spent the night there. Now he'll have to go to Circuit Court on Thursday because that's considered a felony!

I'm so afraid to ask this question but here it goes........ How much is that going to hurt our K1 visa process??? I can't imagine what my life would become if he actually went to jail(I really don't think that'll happen) or having to give up on the K1 Visa.

Help please!!

[mercuryroad 0]

A night in jail for having prescription drugs? Wow.....sounds weird to me but I'm no expert on the law.

I take it he has not been convicted of anything yet which should go in your favor if he is able to get the prescription thing cleared up. Innocent until proven guilty.

I don't know anything about law or how this would apply to your case. Just my 2 cents.

[MrMrsKnight 0]

Well.... Rohypnol is not legal in the US. He had the prescription to board the plane with them just to use them on the plane because he was scared about the flight. When he got home he just forgot about the 4 pills that were left...... I guess he put them in the glove compartment on his way home from the airport like 6 months ago.... and the police officer just found them there....

Hope I made it more clear!

[aussiewench 9]

I can't imagine him going to jail or even getting a conviction on reading the following. Good luck with it. How worrysome for you

http://www.fda.gov/fdac/features/2002/502_import.html

Guidance on Personal Use

Although importing unapproved prescription drugs is illegal, the FDA's guidance on importing prescription drugs for personal use recognizes that there may be circumstances in which the FDA can exercise discretion to not take action against the illegal importation.

The personal use guidance was first adopted in 1954, and it was modified in 1988 in response to concerns that certain AIDS treatments were not available in the United States. The guidance allows individuals with serious conditions, such as a rare form of cancer, to get treatments that are legally available in foreign countries but are not approved in the United States.

The current policy is not a law or a regulation, but serves as guidance for FDA personnel. The importation of certain unapproved prescription medication for personal use may be allowed in some circumstances if all of these factors apply:

• If the intended use is for a serious condition for which effective treatment may not be available domestically.
  
• If the product is not considered to represent an unreasonable risk.
  
• If the individual seeking to import the drug affirms in writing that it is for the patient's own use and provides the name and address of the U.S.-licensed doctor responsible for his or her treatment with the drug or provides evidence that the drug is for continuation of a treatment begun in a foreign country.
  
• If the product is for personal use and is a three-month supply or less and not for resale. Larger amounts would lend themselves to commercialization.
  
• If there is no known commercialization or promotion to U.S. residents by those involved in distribution of the product.
  

Edited January 31, 2006 by aussiewench

[Chuckles 0]

Hi people..... I need some serious advice here. Or maybe just opinions :-)

My USC fiance lived with me here in Brazil for 2 years and during that time he suffered from depresion and anxiety. So the doctors here prescribed Rohypnol to help him sleep and to make the anxiety go away. When he went back to the US, the doctor wrote a prescription allowing him to use that pill on the plane so he took a few of those pills with him.

When he got to the US he started a treatment with an american doctor and stopped taking those pills after a few weeks, that was 6 months ago! Well, yesterday he got stopped by a police officer and when he searched the car... what did he find??? 4 of those pills were in the glove compartment!! He forgot them there since he wasn't taking them anymore(he still has the prescription he was given here in my country).... so they took him to jail and he spent the night there. Now he'll have to go to Circuit Court on Thursday because that's considered a felony!

I'm so afraid to ask this question but here it goes........ How much is that going to hurt our K1 visa process??? I can't imagine what my life would become if he actually went to jail(I really don't think that'll happen) or having to give up on the K1 Visa.

Help please!!

HIGHLY doubtful this will result in a felony. Make sure he has a lawyer. It doesn't really even need to be a good lawyer. He can plead guilty, explain the situation (through a lawyer) and get reduced sentence EASILY.

Anyway, I am sure he is doing all that so you shouldn't worry about it.

Edited January 31, 2006 by Chuckles

[Stefanie 1]

...and even if he got a felony, it won't affect your K-1 process because he is the USC. My husband (the USC) has a felony from back in the day and it was never an issue during our immigration process.

[MrMrsKnight 0]

Oh My God people I love you guys!!! hehe

It's great to hear that what you all said! We're both happy with that...

He is getting a lawyer tomorrow and hopefully everything will be okay soon. I'm sending to him an statement from his doctor here in Brazil saying the reason why he had those pills... and the certified translation in English.

Thanks a lot for helping!! What a nightmare..... hehe

[ufkenmill 0]

Rohypnol is commonly known as the "date rape" drug and is prescribed for "SEVERE" sleep disorders in countries outside the US. Anyone who has this in the US with only a few pills is probably not in much trouble unless they were caught using it to try to rape someone (which your fiance just had them in his glove box so he isn't intending much with them as far as you know).

You'll know alot more about his situation regarding jailtime or fines on Thursday, just give it time and try to relax about everything. Worrying accomplishes nothing.

[MaryandMian 1]

I hope you can get this resolved but knowing some of the law any pills that he had must of been in a rx bottle with full label. If they were in any other type of container or not phramacy marked it is illegal in the USA even if prescribed by doctor. Must be in original rx bottle.

After he goes to court you will know more of what they are charging him for and court date. Good luck.

Mary

Edited January 31, 2006 by mianishqsrose