Are you entitled to see your Medical Report?

[Cathi 5,771]

I tested positive on a urine test after having eaten a bagel with poppy seeds. Did he eat any foods containing poppy seeds? Also, an earlier poster said you can test positive if you had taken Nyquil, there is also a long list of things that can cause positive tests..here is the list http://www.askdocweb.com/falsepositives.html

[Mena28 35]

did he not get a copy of the medical report for his own records?

They copied the whole thing and handed it to me to take with me to the US on top of the sealed, original copy they had me hand to the embassy.

That was in Europe though...

Edited October 24, 2015 by Mena28

[lbreal1 16]

We were denied a K1 Visa due to a FALSE report on the Medical Exam that needs to be refuted. My question is, are we entitled to see the Medical Report? How do people on this site know if they've passed or failed their urine test? If we are entitled to see it, who should provide it, Andrews Medical (in Jamaica) or the US Embassy?

Please advise.

Thanks.

C&C

I instructed my wife to ask the doctor for a copy of her medical report. We paid for it and therefore we are entitle to get our report. So you can ask the doctor to give you a copy. Also you are entitle through the freedom of information act to obtain information from the Federal government . http://www.foia.gov/

[alebrije 15]

I asked for a copy and got one with no problems, along with the sealed report. Maybe the clinic can make a copy for you.

[carolncavan 0]

Thank you all so much for your responses and your interest in our case - and for all the good advice. I know I was vague with the details which leads everyone to a lot of speculation so let me provide more details.

1. My fiancé answered "yes" to the question about ganja use on the Medical form because he wanted to be honest that he had smoked it in the past but has not touched it for almost one year.

2. They made a big deal about it at the Medical and required him to see a psychiatrist. I went with him and sat through he entire evaluation where the psych tried his best to try to get him to admit things that just weren't true. He just didn't believe us though we were telling the truth.

3. I live with my fiancé when in Jamaica and we are together almost 24x7. I've been here for the past 3 months. Yes, I am absolutely sure that he has never touched it for the past year.

4. Though we have not seen the test results, there is absolutely no way that he tested positive for any kind of drug. That's not even a question.

5. Two days before our interview, I had called Andrews Medical to see if his medical was complete so that we would have it to take. We were going to be in Kingston the day before his interview so I wanted to see if we could pick it up. This was the second time I called them. They said that it was not complete and I was persistent and kept asking for them to tell me when we could expect it. When she wouldn't give me an answer I asked for a ballpark, average time - 3 months, 6 months, 1 year, 10 YEARS? She didn't like that and said they would contact him when it's ready and that we should attend the interview anyway.

6. An hour later, they called him and said that it was ready and that he could pick up his chest x-ray CDROM and vaccination paper. He asked if everting was okay and they said that it done and being sent to the Embassy. (We thought that my persistence is what caused them to get it done so quickly but now we question if that backfired and, out of spite, they failed him.)

7. The morning of the interview, Oct. 16, we were so happy. We didn't see how anything could go wrong. The Embassy even called us and told us to come in an hour early and go to the front of the line (like VIP service) because K1 Visa applicants were being seen first. We breezed past everyone and was at the interview window together within about 30 minutes after arrival.

8. We got a woman who seemed to be looking intently at something online before we were called. She seemed nice enough and asked him the following questions: Who I was, who his son is and if he will also be going to the US (answer is no), if he had ever been out of Jamaica (no), how we met and how long we've been together. When satisfied with all that, she asked me to go sit down. She then told him that she has bad news for him today and that he was found to be a substance abuser and she had to deny his Visa. And that it typically takes one year to overcome it working with the panel physicians. She handed him a piece of paper listing the reason for denial. It is:

"Section 212(a)(1)(A)(4), which prohibits the issuance of a visa to anyone who is determined (in accordance with medical regulations) TO BE a substance addict or abuser"

Regarding a waiver, it states: "No waiver is available for the grounds of ineligibility" And she hand wrote in: "but can be overcome by panel physician."

Mind you, this notice was stamped on Oct. 15, 2015 but our interview was on he 16th!

Now, going by the letter of the law, the law states that the visa is prohibited if the person is found TO BE. That is current tense, not past tense. Him ever having smoked it in the past has no bearing on his current state now. If they're doing this to people, they are breaking the law and it cannot stand up in a court of law.

Also, keeping all of the process internal to them breeds corruption. If someone wants to refute it, they should be able to get an external opinion. And after paying al the money for the Medical Report and the Psych Report, we should have a right to see it. When he called Andrews for it, they screamed at him that they weren't going to give it to him and to ask the Embassy.

I have 2 emails into the Embassy on this matter, since we can't speak with anyone. I intend to file a case with the US Inspector General and it and will also contact my Senator and Governor as suggested on this website (thank you!).

Again, we want a copy of the Medical Report and thank you to the person who told me how to get Federal documents!

Sincerely,

C&C

[MiNMiLove 33]

Your post brings tears to my eyes. I pray for a quick overturn of this bogus denial. There are 4 states in the U.S. That recreational use is legal and Texas just passed a bill for the same. Admitting to past use should not in anyway cause a denial. Use and abuse are not the same. Prayers for strength and guidance. Thank you for allowing us into your personal business by sharing your life. Blessings.

[Boiler 45,666]

He admitted drug use and was given the standard ban.

Somewhat different situation to the original post.

[Pinkrlion 2,724]

In JA, any admission to drug use no matter how long since drug use, is a one year ban. He most likely did not test positive at all, but he will still have a ban, and will have to be retested during that year. Good Luck!

[dwheels76 5,468]

Just do an advance research on VJ of people getting the 1 year ban the majority from JA and some of the use they admitted to was over 10 years ago. It matters not present , pass or fuure. There's a reason they ask have you used in the past.

You can fight all you want he admitted to past drug use No different than on a job application admitting to past use can get you to be not considered. It's just a fact

You could get a lawyer. You could pay ro appeal if you can find what they did was wrong. They weren't you have told us he admitted to past drug use.

It will probably take years )ore than the 1 you have to wait) to get anything even to an appeal and $10's of thousands of dollars later.

You are kind of stuck cuz marrying doesn't solve your situation nor does filing another K1. Really sorry for the situation But unless you can appeal to the panel physicians which seems you have pissed off (I suggest letting your fiance' handle his own affairs ) there's nothing you can do for a year. Sorry.

[gw68ad78 64]

So sorry to hear. It is unfortunate that there seems to be so much subjectivity. Some have had positive psych interactions while others have felt persecuted and some wait the full year ban while others have reported having months shaved off because their drug use was so long ago. I'm sure it would be easier to accept this ban if it were passed in every admission or fail without interpretation or prejudice. I guess it's like everything else in this process. Wow! I'm really very sorry and I hope you two will be able to persevere during his ban. Best wishes.

[Boiler 45,666]

Seems common in Mexico and surrounding areas.

[Jawaree 718]

OP now I understand the full story & why you are suspicious, also ppl can be spiteful

when they hold the handle & you the blade, Once your mate file got to the embassy its

regulated to a CO who goes over it & look at questions to be asked, these interviews last

only minutes (unlees its a stoke) So yes the denial was already decided with his admittance

to the panel Dr its how it works.

You can have an atty contact DOS head-office DC on your behalf with this discrepancy.

they can look into the matter . but if he admitted to past use , he faces just a yr ban & that's

how its done nothing will change .With his admittance not much investigation will likely be

done even if you obtain a copy now...reschedule his new interview Aug 2016 best wishes

[LionessDeon 2,060]

I keep coming back to the phrase "substance addict and abuser" and wonder if perhaps the doctor "found" evidence that lead him/her to that conclusion above and beyond the urine test. Failing a urine test indicates that there were drugs found in the system and therefor a "failed" drug test. But to say an "addict and abuser"...what substance does the doctor believe is being abused and what is the evidence? An earlier poster said "that's what they say" when one fails a test. Ok. But if it's not the generic statement used I'd want to know what my fiancé said/wrote at/for the medical. I'd want to know which substance and what evidence. Were you at the interview? I'd want to have a face to face conversation with my fiancé to get his side of events. Is it possible that there may be some truth to the allegation? I'm sorry that time is fleeting and of the essence. I hope you uncover the truth and can sort this out. If all else fails and your love has not would you be willing to marry and file for him as a spouse? It wouldn't be 100% but your odds would be greater. Good luck in your decision.

No I said that is what the JA facility/embassy calls it when you admit to past use. My fiancé had a negative urine test but because he admitted to using ganja in the past they said that phrase and sent him to a psychologist. He also received a one year ban.

[Boiler 45,666]

Ooops wrong thread.

Anyway on this one the OP seems to be thinking that the situation depends on whether he has taken drugs that day or maybe if it still shows in his system from the last time he did. Which is not how it is looked at.

Alcohol consumption is in itself not a problem, excess consumption, excess is. If you said I spent all last week drunk but I am sober today you are going to have issues.

Edited October 25, 2015 by Boiler

[LionessDeon 2,060]

He admitted drug use and was given the standard ban.

Somewhat different situation to the original post.

Yes and exactly what I thought. He admitted to past use and got a ban just like many of us in the same situation. OP I can tell you that year goes by very quickly. Ours is up in 6 weeks (although the they lifted it early anyway). It is very devastating I know. Our ceac update said refused when he walked into his interview. Take this time to get to know each other better. I've visited twice since our refusal. If he's truly the one, you will get through this. It's difficult but be strong and hold the faith. Make sure he continues to stay away from ganja.

I wish you the best and will be praying you overcome this obstacle.

Btw it doesn't matter that JA decriminalized ganja or what state law is here. Immigration is federal.