Are you entitled to see your Medical Report?

[gw68ad78 64]

They denied us because they said the medical exam found him "to be a substance addict it abuser". That is simply not true. He doesn't use drugs at all and we want proof of this statement. We want to see the medical report. We know that the urine test had to come back negative and feel that they have purposely failed us for no reason but that they didn't like the pressure I put on them to have it done in time for our interview.

They can't make a statement like that and not back it up with proof. I'll fight them until the bitter end on this. I just want to know if others have received a copy of their report, whether passed or failed.

I was referring to the OPs statement before she clarified. I'm sure a year will breeze by especially if OP still resides in Jamaica.

[trini_prince 0]

What is a grounds of inadmissibility

In order for a foreign national to be admitted to the United States, he or she must be admissible. A foreign national can be deemed inadmissible to the United States by USCIS, CBP and a Consulate. If the foreign national is deemed inadmissible due to the United States, he or she cannot enter without a waiver of inadmissibility or a determination that the inadmissibility charge was made in error.

212(a)(1)(A)(iv) Inadmissibility due to Drug Abuser/ Drug Addict

Foreign nationals may be inadmissible due to health related grounds. This includes people who are determined to be a drug abuser or addict.

How to obtain a determination that the 212(a)(1)(A)(iv) ground of inadmissibility was incorrectly made

No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks. CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame. In our experience, the more difficult the situation, the longer it will take to get resolved.

How to obtain a 212(a)(1)(A)(iv) waiver

There are two types of waivers that apply to each grounds of inadmissibility: one for immigrants and one for nonimmigrants. Immigrants are foreign nationals who are trying to obtain an immigrant visa or green card. Nonimmigrants are foreign nationals who are trying to obtain or enter with a temporary visa such as a B2 tourist visa, F1 student visa or H1B work visa, among others. Some grounds of inadmissibility allows both immigrant and nonimmigrant waivers, some allow one and some offer no waiver at all.

Nonimmigrant Waiver

A nonimmigrant waiver can be issued for a one year term (five year term in limited circumstances) where the foreign national is eligible for a nonimmigrant visa and can establish his or her presence would not be harmful to US interests. When the application for the waiver is made, normally at the Consulate the will issue the nonimmigrant visa, the Consular officer will consider the following factors when deciding whether or not to issue the visa

1. The recency and seriousness of the activity or condition causing the inadmissibility;

2. The reasons for the proposed travel to the US; and

The positive or negative effect, if any, of the planned travel on US public interests.

Immigrant Waiver

There is no immigrant waiver for 212(a)(1)(A)(iv).