Question re forms and disclosing marijuana use (split)

[HanaBel 14]

Question re forms and disclosing marijuana use.

I did disclose previous use when refused entry, so it is in my record (and I have an A number now). However, it is not illegal in my country.

So, looking at DS-260 there are two questions:

Have you been a drug user under medical and

Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?

I assume the answer to the first one would be yes and to the second one no, as I have never violated any law of the country I was in. Does that sound correct?

[Boiler 45,486]

That is how I would see it.

[yuna628 9,676]

If you are going to go with a K1, you don't use a DS260, they will use a DS160. I believe the question on it is pretty much the same though. It will also come down to the medical. You'll be asked questions regarding drug use, and that's really going to be the more deciding factor, based on the medical/doctor's findings that are forwarded to the embassy.

[randomstairs 303]

DS160 is asking if you have ever been a drug abuser or addicted. I am not sure if very sporadic use, especially in the past, counts as "abuse" and it certainly does not make you an "addict". At my medical the civil surgeon asked me about addiction and current drug use (negative for both) but there is no question on the I-693 about drug use except in the context of addiction. So I wouldn't worry too much about the medical and as for the DS160 you may chose to answer "yes" and explain that the use was very rare, in the past and that you were never addicted nor arrested. That should do it.

[Boiler 45,486]

Using illegal drugs = abuse.

[randomstairs 303]

Using illegal drugs = abuse.

Those were not illegal at the time and place she used them. I really don't think they are interested in these kind of cases. But, okay, she should answer "yes" then, with an explanation that she tried marijuana once or twice or 15 times in her life. She can say that she didn't inhale though

Frankly I think the only reason they asked her was because she was getting detained and could've had some of the stuff on her at the time. Perhaps she can tell us more about that interrogation.

[Elf 146]

DS160 is asking if you have ever been a drug abuser or addicted. I am not sure if very sporadic use, especially in the past, counts as "abuse"

According to US immigration law it does.

Health-related grounds of inadmissibility are defined in INA 212(a)(1)(A) and include that someone:

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

The regulations referred to there are the definitions at 42 CFR §34.2(g) and (h)

(g) Drug abuse. The non-medical use of a substance listed in section 202 of the Controlled Substances Act, as amended (21 U.S.C. 802) which has not necessarily resulted in physical or psychological dependence.

(h) Drug addiction. The non-medical use of a substance listed in section 202 of the Controlled Substances Act, as amended (21 U.S.C. 802) which has resulted in physical or psychological dependence.

Any non-medical use of any substance defined in the very long list at section 202 of the Controlled Substances Act, as amended (21 U.S.C. 802) can thus meet the definition of "abuse" for the purposes of immigration law. People have been deemed inadmissible for 12 months based on admitting to a single instance of marijuana use.

So

explain that the use was very rare, in the past and that you were never addicted nor arrested.

could certainly "do it", if by "do it" you mean "get the applicant deemed admissible to the US for at least 12 months".

Those were not illegal at the time and place she used them.

Doesn't matter. "Drug abuse or addiction" is a basis for inadmissibility on health grounds, not on criminal grounds.

Of course, if the drug use is illegal, the applicant might also become open to additional grounds of inadmissibility. Both the DS-260 and the i-485 have questions relating to whether the applicant has knowingly committed a drug-related offense for which they have not been convicted. Further, if the applicant is directly asked about past drug use and lies about it or if he/she fails to disclose past drug-related offenses, and the truth is later discovered, they could be found inadmissible on grounds of fraud.

Prior drug use of any kind can have serious effects on immigration prospects and shouldn't be taken lightly.