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Marriage based green card denial due to back pain + prescription drug history

By giants49ers in Adjustment of Status from Work, Student, & Tourist Visas

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giants49ers Newbie

giants49ers   0

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

Hello everyone!

I recently got married to my long term girlfriend (US citizen) after graduating from graduate school in the United States. We are in the process of gathering the paperwork for an adjustment of status for me to receive the green card while here in the U.S.

However, I have been a little scared by the upcoming medical exam required for the green card proceedings. I was in a car accident April of 2015 and went through MRIs and saw a spinal surgeon (without surgery so far). His prognosis was the following:

1.) Posterior annual tear and disc herniation at L4-L5

2.) Broad-based posterior annular tear and small disc herniation at L5-S1

At the time I was in agonizing pain and was put on 60 Oxycodone 15mg and 30 MS Contin 30mg. I have been on the medication ever since as I have not been able to accept downtime for the surgery but I function perfectly fine in my everyday life. I also am very careful with the medication and only take it when absolutely needed so as to not get addicted but it is needed to stay out of pain.

Will this be a problem for me with the doctor/immigration officer at the interview? I assume it is best to be honest with the medical practitioner and come out straight and tell him what medications I am taking as well as bring in all the information from the spinal surgeon.

I am really scared and don't know what to do about this. Should I avoid having this conversation with the doctor? I do assume he will look up my prescription history and would find out about the medication I am taking anyways.

I have never failed a drug test (which I am given every month at the surgeon's office) nor have I been convicted of any type of offenses.

Any tips or advise is greatly appreciated! Will this be grounds to deny me my green card? I love my wife and will do anything to be with her!

Thank you for all your help and how to act around the doctor.

Chris

EM_Vandaveer Experienced

EM_Vandaveer   2,417

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

I see no problem as you have a prescription & a genuine need for the painkillers.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Hello everyone!

I recently got married to my long term girlfriend (US citizen) after graduating from graduate school in the United States. We are in the process of gathering the paperwork for an adjustment of status for me to receive the green card while here in the U.S.

However, I have been a little scared by the upcoming medical exam required for the green card proceedings. I was in a car accident April of 2015 and went through MRIs and saw a spinal surgeon (without surgery so far). His prognosis was the following:

1.) Posterior annual tear and disc herniation at L4-L5

2.) Broad-based posterior annular tear and small disc herniation at L5-S1

At the time I was in agonizing pain and was put on 60 Oxycodone 15mg and 30 MS Contin 30mg. I have been on the medication ever since as I have not been able to accept downtime for the surgery but I function perfectly fine in my everyday life. I also am very careful with the medication and only take it when absolutely needed so as to not get addicted but it is needed to stay out of pain.

Will this be a problem for me with the doctor/immigration officer at the interview? No. Why would you think it would? I assume it is best to be honest with the medical practitioner and come out straight and tell him what medications I am taking as well as bring in all the information from the spinal surgeon.

I am really scared and don't know what to do about this. Should I avoid having this conversation with the doctor? I do assume he will look up my prescription history and would find out about the medication I am taking anyways.

I have never failed a drug test (which I am given every month at the surgeon's office) nor have I been convicted of any type of offenses.

Any tips or advise is greatly appreciated! Will this be grounds to deny me my green card? See above. I love my wife and will do anything to be with her!

Thank you for all your help and how to act around the doctor.

Chris

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

sensuelle1985 Contributor

sensuelle1985   10

Posted
Filed: AOS (apr) Timeline
Posted

You should not have any problems with your medicals. mine only took 5 minutes (literally)

AOS (from F-1 student visa)
09/21/2012 got married
03/29/2016 AOS package send (I-130, I-485, I-765) (day 0)
04/01/2016 Package delivered to USCIS ATTN:FBAS 131 South Dearborn-3rd Floor Chicago, IL 60603-5517 (day 0)
04/11/2016 emails and texts notification received. Case routed to NBC (day 10)

PD 04/04/2016 (official day: day 1)
04/14/2016 received NOA1's hard copies. (day 11)

04/29/2016 received biometrics letter (day 26)
05/09/2016 biometrics appointment at 10AM (day 36)

:dancing:05/05/2016 walk-in biometrics (success) at 2pm (day 32) :dancing:

06/20/2016 online service request for EAD (day 78)

06/24/2016 EAD is being produced (day 82)

06/28/2016 EAD mailed (day 86)

07/01/2016 EAD received (day 89)

08/26/2016 Interview scheduled for 09/29/2016 (day 145)

09/29/2016 Interview day (day 181)

Result:APPROVED

Useful Links
USCIS Account set up: https://egov.uscis.g...atus/landing.do
USCIS Process times: https://egov.uscis.g...sDisplayInit.do
USCIS Tel No: 1-800-375-5283
Lockbox support email: LockboxSupport@uscis.dhs.gov
Change of Address for live petitions: https://egov.uscis.g...ddressChange.do
Contact Congressman: http://www.house.gov...entatives/find/
Contact Senator: http://www.senate.go...nators/contact/
Social Security Info: https://www.ssa.gov/people/immigrants/
Civil Surgeon List: https://my.uscis.gov/findadoctor
IRS Transcripts: https://www.irs.gov/.../Get-Transcript

translation: worldaccesstrans.com

giants49ers Newbie

giants49ers   0

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
  • Author
Posted

OK awesome. Thanks for your response everyone. You guys made me feel much better.

I guess the only reason I was kind of scared was because I read somewhere green cards can be turned down due to mental/physical conditions that severely affect ones life. Even though my injury doesn't, the injury is severe enough to warrant strong pain medication.

Do I disclose the meds I am on at the medical assessment? I will just take prescription history and paper work with me just to be safe and be honest with the doc is probably the best policy anyways!

Appreciate everyone's insight!

C-ma'am Experienced

C-ma'am   684

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

OK awesome. Thanks for your response everyone. You guys made me feel much better.

I guess the only reason I was kind of scared was because I read somewhere green cards can be turned down due to mental/physical conditions that severely affect ones life. Even though my injury doesn't, the injury is severe enough to warrant strong pain medication.

Do I disclose the meds I am on at the medical assessment? I will just take prescription history and paper work with me just to be safe and be honest with the doc is probably the best policy anyways!

Appreciate everyone's insight!

Do not volunteer information. EVER. You should be truthful with your answers, but you should never ever provide any information that you have not been asked.

Click to see my K1, AOS, ROC & Naturalization Timelines

giants49ers Newbie

giants49ers   0

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
  • Author
Posted

I had my test yesterday. It was a quick affair and only took 10 minutes. The doctor asked me if I am currently on any medication so I told him the truth. I sure hope that won't come to bite me but I don't really see why it should as it was all legitimately prescribed due to medical reasons and doesn't affect my health in any way!

sparkles_ Proficient

sparkles_   456

Posted
Filed: AOS (apr) Country: Morocco
 Timeline
Posted

He medical exam is looking more for contagious things, like TB or AIDS and Hep C. That and extreme mental illness. Millions of people here have back issues and take rx meds for it, you will be fine

The medical exam is looking more for contagious things, like TB or AIDS and Hep C. That and extreme mental illness. Millions of people here have back issues and take rx meds for it, you will be fine

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
 
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