Denied K-1 visa for section 212 a1 A4

[melneurg 0]

My fiance was denied her visa due to section 212 a1 A4 in Jamaica. She did not fail the drug test but, she admitted to the doctor that she had smoked Marijuana in the past but, has now quit because her doctor told her she needs to due to her asthma. The doctor then made her go to a psychological evaluation to see if she was addicted to marijuana, which cost me $150. The doctor wrote that she is addicted to marijuana and will most likely smoke again. Because of this, our application was denied for 1 year.

Has anyone ever had this happen to them or heard of this before?

I want to file an appeal (for $630) what odds do I have that this will be successful?

Thank you

[Georgia16 2,858]

I don't believe you'll win that appeal. She will probably have to be drug testet through that year of ban and then after that if she passes you can try again.

[Transborderwife 4,666]

Unlikely. Wait the year.

[KayDeeCee 4,893]

Yes, this has happened to plenty of people before. Drug use can get you a 1 year ban. You will need to be retested in a year and proceed from there. I would not waste more money on an appeal.

Edited January 7, 2016 by KayDeeCee

[Pinkrlion 2,722]

She will have a one year ban, and will have to submit to random drug test for a year, then you will have to reschedule another medical and interview.

Filing an appeal is a waste of time and resources.

Edited January 7, 2016 by Pinkrlion

[melneurg 0]

Thank you for the responses.

Her drug test was clean though, all she did was admit she had smoked in the past.

Can they really do this off of a doctors opinion?

[Transborderwife 4,666]

Absolutely seeing as the doctor thinks that she's addicted.

[NigeriaorBust 4,087]

Many people will claim they aren't using (today) but admit to using in the past thinking it means nothing. The medical staff are "trained" to spot those that are probably only stopping for the sake of passing medical and have the power to declare an applicant in need of testing to assure they have truly stopped using.

[LionessDeon 2,060]

They do it to anyone who has admitted to past ganja use. (It is an illegal substance per USA federal law) Its a one year ban. Tell her to stay clean. Email the embassy and ask for her eligibilty date if they have not already given it to you. They may or may not randomly drug test her. They never did my fiance, however, he had private testing done at a medical center on his own.

I know it sounds like forever, but honestly it will go fast. Been there, done that, know just how you feel!

Good Luck!

[Jawaree 717]

Waste of money & time to appeal...she told them she smoked, they think she stop to pass the

Embassy medical... in 11 mths request a new interview & a new police record will be needed

[DJ6372 111]

she admitted to the doctor that she had smoked Marijuana in the past but, has now quit because her doctor told her she needs to due to her asthma

Really? Hardly a good start for evaluation, giving up because the doctor told her??

This is hardly going to help her case is it!

Don't bother with an appeal, waste of time and money

Wait out the time and try again, but who knows the outcome

[Adil & Jeanne 296]

I thought it was impossible to appeal a K1 denial. Actually this site is where i read that. Am i wrong as my friend has had his case sent back in July 2014 and still says AP?

they only wanted to see tax transcripts and his gf said she sent them to Texas.

they have updated his case in August 2015 and still says AP

Edited January 8, 2016 by Adil & Jeanne

[Ash.1101 1,756]

I thought it was impossible to appeal a K1 denial. Actually this site is where i read that. Am i wrong as my friend has had his case sent back in July 2014 and still says AP?

they only wanted to see tax transcripts and his gf said she sent them to Texas.

they have updated his case in August 2015 and still says AP

There's two different types of denials, those that are actually denied/refused for a clear cut reason, and those that are refused with further consideration, usually asking for more documentation or proof. Denial and Refusal get thrown around a lot on VJ, it's helpful to know WHY the denial or refusal happened to understand what type of denial or refusal it is.

In this case of the original poster, it's a flat out denial and a year ban.

If your friend was refused and asked for more documents, then your friend was refused with further consideration, meaning, if he meets the conditions they ask for (sending in the paperwork to the consulate) then he could have been approved had he sent in the tax transcripts. Chances are, the consulate still has his file and hasn't realized it's expired, since you have a year to send in the documents they ask for. All you have to do in this case, is get the documents they ask for, and send it to the consulate the interview took place at. The instructions are pretty cut and dry.

You're either straight up denied, put on AP for further processing (usually more background checking), or put on AP due to a refusal with further consideration that can be met. Further consideration is if the consulate asks you for anything and hands you a 221g that states:

Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply to your case:

Further Consideration will be given to your visa application after you obtain and present the documents following: <What ever documents they ask for>

Edited January 8, 2016 by Ash.1101

[melneurg 0]

Thank you everybody for your responses. I really appreciate all of them.

I do have my congressman's office calling them on my behalf. I will post if anything happens there.

[Jawaree 717]

Yes let us know it will help others if your congressperson coms through,

they usually get good status update, will plea humanitarian case with

the embassy, they cannot change or affect any prior decisions made