Advice needed: Sent for medical from London Embassy

[CPworker 0]

Hi,

I’d really appreciate some advice from anyone who has experienced a situation similar to mine.

Background - I’m a UK citizen and been living in New York for a few years on an L1B visa. This year I was sponsored for an H1B visa. This summer (2014) I was in the wrong place at the wrong time and managed to get arrested in NYC for possession of a small amount of cocaine. I was given a DAT (Desk Appearance Ticket) to appear in front of a judge, to which I attended. The DA gave me an ACD (Adjournment in Contemplation of Dismissal) conditional on my attendance at a TRP (Treatment Readiness Programme). I completed the TRP and in November my case was dismissed and sealed from my record.

Problem - I travelled to London in November 2014 to receive the H1B visa in my passport after the case had been sealed. I informed my immigration attorney about the arrest and situation and they provided me with a letter to take to the embassy, quoting some case law and stating that I was still admissible to the USA as I had completed the TRP, which is classified as a pre-trial diversion programme. However the attorney failed to inform me to obtain and bring with an ACRO Police Certificate for the UK, showing I have no history of arrest here, which is a required document as per the embassy website. I was also advised to not discuss details of the arrest at the embassy.

When attending the visa appointment at the embassy, the lack of an ACRO Police Certificate and my unwillingness to discuss much detail of the arrest led the Consular Officer to deny my H1B visa application. I was told to obtain the ACRO document and was also asked to attend a medical exam at a certified doctors.

Currently - I now have the ACRO document which shows I have a clear record, have not yet attended the medical but I have an appointment booked in for a weeks time. The immigration attorneys have apologised for their oversight but are not willing to assist much more with the case now. I also have significantly lost confidence in their expertise and abilities in this situation.

Questions - I have a few questions on the matter...

1. What can I expect at the immigration medical? Are they likely to drug test me, and if so would it be blood/urine/hair?

2. The forms state a 1 week - 6 month processing delay after the ACRO and medical results have been submitted, but what is the typical delay?

3. If I pull out of the visa application process and apply for a tourist visa in the future, how long should I wait and what is the likelihood of obtaining a tourist visa then?

Any and all other constructive advice is very much appreciated!

Many thanks in advance.

Edited January 5, 2015 by CPworker

[Nich-Nick 3,354]

Drug testing is not routine at the medical exam. They will not see any previous substance related arrests on your ACPO police certificate. There is a medical questionnaire to fill in before you go and another similar one they hand you when you arrive. If you admit to prior substance abuse, you will likely be given a urine test for drugs. The blood tests they give are checking for STDs.

Once everything you were lacking goes back to the embassy, they will typically get back to your case in 1-3 weeks to make a decision. Sometimes there is a longer security delay if you were not native born to the UK, have Muslim ties, or frequently visit middle eastern or known terrorist countries.

There is a UK medical post here http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/?p=6741228as it applies to K1 visas. Not sure if you have immunization requirements on a work visa. But there are links to the website, questionnaire, etc. that might be useful.

[CPworker 0]

Thanks for the feedback Nich-Nick and to the very useful link to the K1 page.

The questionnaire the embassy gave me has 2 concerning questions: "Have you ever been arrested, convicted or received a warning for any drug or alcohol offence?" and the extremely general "Have you ever used drugs?"

My answer to the first question is obviously yes which I presume would lead to a drug test regardless. I would deny prior substance abuse however I feel compelled to answer truthfully to the second question as in the past I have very occasionally smoked marijuana, but I most certainly don't consider this abuse.

I'm confident that a urine test would be clear however I understand that a hair test can go back many many months, which could possibly indicate marijuana use.

Are you aware of a hair drug test ever being given?

Could an admission of very occasional marijuana use lead to a rejection/ban, or is it possible to be overlooked by the doctor?

Many thanks for your help.

[Nich-Nick 3,354]

The admission is more to decide if you need drug testing I think. I have never known anybody to be hair tested and I have read pretty much every medical post in the UK forum for seven years. As far as visa approval on admission of marijuana to the doctor, I think that decision is more often based on documented amount, age, etc if there was a police record. I can't think of anybody who discussed it at Knightsbridge (with no arrest) being denied after a clean drug test. I could be wrong. Some have had to do additional drug testing on their own for a period of time and send the results to Knightsbridge. There are specific grounds for inadmissability to the US that detail what keeps you out. Google.

Also, does you police certificate say "no trace"? That is the only clean one. "No live trace" means there is a record of something...maybe stepped down or a caution. If so, order a subject access report from ACRO for the embassy in addition to your other police certificate.

I have no idea how this will turn out. I am merely passing on general info on the clinic. You may have ripped your britches with US. The cocaine possession will not be taken lightly whether you got excused for attending some treatment thing or not. You will just have to wait and see.

[CPworker 0]

Thanks again for the feedback and insight Nich-Nick.

To your question - my police certificate says "no trace" so looks like I'm clear there.

A couple more questions if you will:

You state "Some have had to do additional drug testing on their own for a period of time and send the results to Knightsbridge." - was this following a drug test fail, an inconclusive assessment by the physician, or other?

Do you know whether I am entitled to ask for my test results at the end of the medical?

Many thanks.

[Nich-Nick 3,354]

This thread in the UK FORUM has some links to drugs and the medical exam which might give you some insight. I don't know whether results were given or not. http://www.visajourney.com/forums/topic/530112-london-medical-drug-testing/

See post 4.

[Starship 0]

Hi CPworker,

I am in a very similar situation to you with an interview scheduled within the next weeks. Would you be able to share your experience from the medical examination in particular in regards to the drug test? Would be super helpful!

Many thanks!

[Starship 0]

Specifically thinking about what type of drug test they did.

Thanks again and hoping for a response!