Banned

[tinaii 0]

hello all, i need your opinions.. i have a friend who came here in the US, through employment ( she's a nurse).. after about 8 months, her husband's petition was approved and he did the medical exam.. the problem was, he admitted to having used marijuana, so he got the 3 yr ban.. after the 3 year ban, he was asked again to do the medical exam.. unfortunately, they did not approve him again and gave him i think another ban (im not sure if it's lifetime).. can they file a waiver or something? or can his wife file another petition for him?

your opinions will be greatly appreciated

thanks

[JenT 0]

A waiver for being a habitual drug user? Um... no.

[misa 2]

Did they not approve him because they found drugs in his system again? If that's the case, then no, I don't think you can get a waiver for that. He'd be subjec to the bar again until he proves he's been "rehabilitated".

Edited March 12, 2007 by misa

[tinaii 0]

i don't think that he was positive again for drug use, if i remember correctly, i think it was the psych exam.. so even if his wife files a petition for him, he will be subject to that bar again? bec. that's what i have been telling them, that the bar would still apply to him whether his wife files for another petition..

[JenT 0]

You don't say who petitioned for him for which visa the first time around, but

1. his wife could only petition if she was a US citizen and

2. it wouldn't matter as he has been banned....

[meauxna 15]

i don't think that he was positive again for drug use, if i remember correctly, i think it was the psych exam.. so even if his wife files a petition for him, he will be subject to that bar again? bec. that's what i have been telling them, that the bar would still apply to him whether his wife files for another petition..

It's very nice that you want to help your friend, but there is no way to do that by passing information along like this--too many ways to make an important mistake.

If she is in the situation you describe, she shouldn't be attempting this on her own & really should find some legal help. If she files the wrong thing, or he answers a question incorrectly due to misunderstanding, they could jeoprodize his ability to ever come to the US.

[Mononoke28 134]

A waiver for being a habitual drug user? Um... no.

LOL!

[Yodrak 7]

tinaii,

VJers are fond of saying that one doesn't need an attorney if the case is simple and straightforward.

It should be painfully obvious that this case is anything but simple and straightforward.

Yodrak

i don't think that he was positive again for drug use, if i remember correctly, i think it was the psych exam.. so even if his wife files a petition for him, he will be subject to that bar again? bec. that's what i have been telling them, that the bar would still apply to him whether his wife files for another petition..

It's very nice that you want to help your friend, but there is no way to do that by passing information along like this--too many ways to make an important mistake.

If she is in the situation you describe, she shouldn't be attempting this on her own & really should find some legal help. If she files the wrong thing, or he answers a question incorrectly due to misunderstanding, they could jeoprodize his ability to ever come to the US.

[tinaii 0]

thank you all for your help.. i know that this is not a very simple situation, and i have already advised them to seek legal help even before i posted this question here.. i just want you guys' opinion on this, and i thank you for your answers..