marijuana use and psychiatric evaluation

[Transborderwife 4,666]

Most likely he will receive one year ban. On the bright side you will NOT have to re-apply. You just re-schedule interview in one year and get visa.

Unless denied at the interview

[Harpa Timsah 13,258]

I searched last night and found threads with no ban, but they seem to be past users... one guy even admitted to doing coke in the past and got no ban.

It depends on what exactly the OP's fiance said, and the results of his drug test (I assume positive), the opinion of the psychiatrist, and the discretion of the embassy. Many variables.

[IguanaCouple 26]

Which of course there is, which my theory fits. So the ray of sunshine is hopefully you get cool psych and cool interviewer.

And you are in California which is very 420 friendly. That might go into play a little.

California is marijuana-friendly because there's a lot of potheads there? And that should somehow help their case?

Marijuana is a narcotic and it's illegal. PERIOD. It doesn't matter what states legalize its use, it's a federal crime and an immigrant who uses marijuana should be viewed as such.

[Sledge 11]

Oh right on iguana youre an immigration officer, a mind reader, and a fortune teller. You don't know how the consular will feel. I clearly said might. Not count on it cause its for sure gonna work.

[WandY 430]

Colorado baby. Maybe since its been so decriminalized it'll be no problem. Just make sure he pees clean if they ua him.

Marijuana is a Schedule I drug - the same as heroin. Regarding federal visa/immigration law, best not to listen to people advocating marijuana as something acceptable in the USA. It is not. If you use, you lose. We don't need more druggies in the USA - we have enough.

[squareleg 69]

"Marijuana is a narcotic and it's illegal. PERIOD. It doesn't matter what states legalize its use, it's a federal crime and an immigrant who uses marijuana should be viewed as such." I totally agree.

It is a legal decision no need for any compassion whether personal or related to future child. I mean, thousands of families are separated for decades as they wait in line to be reunited with their families......I would rather have them expedited versus immigrant with drug usage history.

[Ktav 8]

I searched last night and found threads with no ban, but they seem to be past users... one guy even admitted to doing coke in the past and got no ban.

It depends on what exactly the OP's fiance said, and the results of his drug test (I assume positive), the opinion of the psychiatrist, and the discretion of the embassy. Many variables.

Ok thanks, this is also what he's been told by the doctor. She said the medical part is just part of the decision and that it could still go another way. (To all the negative Nellys, I'm already aware how slim that chance is). It doesn't appear to be a black and white rule and even seems like it might be changing with the times. I don't think he understood that it is illegal here and he's not used to being under such scrutiny for everything. Our state-vs-federal law is kinda confusing to people not from here and I didn't realize that he didn't know.

I'm not sure that he will test positive. He really rarely smokes but he's around it a lot. We're gonna hope that he tests negative and that they understand that he didn't understand the law. Again, I realize how weak this argument is, but I'm not going to give up all hope until we actually get an official response, reading past cases and hearing advice (that is more than just-"give up all hope, you are doomed") is very helpful even though the outlook is still grim.

Thanks again for your positive outlook.

[Pinkrlion 2,713]

I am looking for support and some positivity when all I see is darkness. If you re-read my post, you'll see that I'm already aware of the negative that you said, so I feel like your tone is pretty rude and your comment is simply repeating what I already stated that I know..

I forgot to eat for 9 hours and can't stop googling worst-case-scenarios. Obviously my fiance messed up, but not in any way that would actually matter if we weren't stuck doing this ridiculous process. Some human compassion would be appreciated, and if all you have is negativity to add, please be aware of your potential impact on a very stressed out pregnant lady and choose to remain silent.

If you believe/feel that no one is being supportive, please ask the moderator to close this thread. When it involves drug use, there is no way to cognitively distort the outcome in words and paint a pretty picture. We have given you immigration facts and you can work on your next plan. If you are stressed, stay off of websites, yon have your answer. Go take care of yourself and the baby, there is nothing you can do until you hear the final decision at the interview.

[Harpa Timsah 13,258]

Ok thanks, this is also what he's been told by the doctor. She said the medical part is just part of the decision and that it could still go another way. (To all the negative Nellys, I'm already aware how slim that chance is). It doesn't appear to be a black and white rule and even seems like it might be changing with the times. I don't think he understood that it is illegal here and he's not used to being under such scrutiny for everything. Our state-vs-federal law is kinda confusing to people not from here and I didn't realize that he didn't know.

I'm not sure that he will test positive. He really rarely smokes but he's around it a lot. We're gonna hope that he tests negative and that they understand that he didn't understand the law. Again, I realize how weak this argument is, but I'm not going to give up all hope until we actually get an official response, reading past cases and hearing advice (that is more than just-"give up all hope, you are doomed") is very helpful even though the outlook is still grim.

Thanks again for your positive outlook.

Take care of yourself. Even if it is bad news, you can make it through. Think of all the military families where the father was not present for the birth of a child. (Make him pay for a great baby nurse to help you ) Good luck to you.

[baron555 934]

I have read some of the posts and I see that many people receive a 1-year ban and treatment plan and then have to reapply.

Make plans for this scenario. If he gets a bye, then be very thankful.

[JessDak 27]

Hi I just want to start by saying that this is not something that I researched and I could be completely wrong on the matter, so please don't be angry if I am wrong. But you live in California where medical marijuana is legal. And from what I've heard, getting a 'marijuana card' (I don't remember what they call it, sorry!!) is pretty easy. So maybe they will go easy on him since he is moving to a state where marijuana is legal.

I did not read all of the comments but I do agree that stress is not good for the baby. My advice would just be to stay calm, and relaxed. Worrying will not make it any easier for either of you. Just try to look at the positive, even if the worst happens and he is not permitted to enter the country right away, at least this may serve as a reason for him to quit smoking for good, especially with a child on the way!!

Here's to happy thoughts, they never hurt anybody !

[Transborderwife 4,666]

Hi I just want to start by saying that this is not something that I researched and I could be completely wrong on the matter, so please don't be angry if I am wrong. But you live in California where medical marijuana is legal. And from what I've heard, getting a 'marijuana card' (I don't remember what they call it, sorry!!) is pretty easy. So maybe they will go easy on him since he is moving to a state where marijuana is legal.

I did not read all of the comments but I do agree that stress is not good for the baby. My advice would just be to stay calm, and relaxed. Worrying will not make it any easier for either of you. Just try to look at the positive, even if the worst happens and he is not permitted to enter the country right away, at least this may serve as a reason for him to quit smoking for good, especially with a child on the way!!

Here's to happy thoughts, they never hurt anybody !

You are wrong unfortunately for OP. It's still a federal crime regardless

[NikLR 13,227]

We live in Colorado, and I can smoke pot, if I was so inclined, because it's legal to do so in this state. However my husband, whom I reside with, works for the federal government and if he ever tests positive for drugs or alcohol he will lose his job. So in the case of drugs, recreational or not, federal law trumps state law.

Anyone who seriously thinks marijuana needs to be in the same class of drug as heroin, however, needs to get their own head examined. Obviously the federal government needs to make some changes in their laws, but they do so very slowly. (Look how long it took for marriage equality!)

[Boiler 45,362]

The on!y thing that really matters is what the Consulate do, we know what would normally be the case, let us know what happens.

[Ktav 8]

Hi I just want to start by saying that this is not something that I researched and I could be completely wrong on the matter, so please don't be angry if I am wrong. But you live in California where medical marijuana is legal. And from what I've heard, getting a 'marijuana card' (I don't remember what they call it, sorry!!) is pretty easy. So maybe they will go easy on him since he is moving to a state where marijuana is legal.

I did not read all of the comments but I do agree that stress is not good for the baby. My advice would just be to stay calm, and relaxed. Worrying will not make it any easier for either of you. Just try to look at the positive, even if the worst happens and he is not permitted to enter the country right away, at least this may serve as a reason for him to quit smoking for good, especially with a child on the way!!

Here's to happy thoughts, they never hurt anybody !

Thank you for your positivity! And congrats on your approval.

It's still illegal in California and I know that the decision will be based on federal law anyway. I think my fiance thought the same as you, that it is legal where I live and so it wouldn't be a big deal. Unfortunately I didn't realize this was his thinking or I would have talked with him. It's confusing to people who aren't living here.

I still have hope that we will get lucky. I have heard of a few people getting approved after admitting to using drugs, although it is rare and their situations may have been different. But why give up hope before the interview right? Not really sure why so many people are eager to encourage me to.

He has absolutely no issue with drugs, he simply did it like people drink a glass of wine, he had no idea how serious it is to the embassy. He has already sworn it off for the rest of his life, it's definitely not worth it and he simply didn't think it was different than having a glass of wine. It has never affected him in a negative way, and he already would never have used it here. It was just his situation... he's going through this stressful process and he is not currently responsible for a child, so he thought he was making a perfectly normal (it's super normal where he lives) decision while with friends in a safe place. I hate that about this situation, that people are quick to think he has a drug issue when he definitely doesn't. I know people who do have issues with marijuana so I'm not saying it is always harmless, I just see it like alcohol, many people can drink moderately and lead very safe productive lives. But yes, before anyone jumps on me, I realize this does not matter in the eyes of the law.

Its most frustrating that people probably just lie and get away with it more often than not...and he tells the truth and will likely pay the consequences.