1 Year Ban/Drug Use

[castama 3]

Hello, I had my consular appointment on January 26th, 2016. My visa was denied because I admitted to using Marijuana for a week and I was given a 1 year ban. I was under the impression that recreational marijuana was legal in the state of WA, however to my surprise Federal Law trumps State Law (had I known that, I would have not experimented with the drug; guess I should've paid close attention in history class! ). My year is almost up, I'm counting down the days! 36 to be exact till I travel to redo my medical exam in Juarez For those wondering what to do when you approach your date, this is what the consulate responded back by email:

As previously advised, to overcome the INA 212(a)(1)(A)(iv) ineligibility, you must demonstrate that you’ve entered in remission by remaining drug-free for at least one year from your last drug use. Consequently, you will need to be medically reevaluated by the same clinic until after December 30, 2016.

Starting December 31, 2016, you will need to request a new medical reevaluation at the same clinic where your previous medical was taken. Please note that is not required that you schedule a new immigrant visa interview prior to your next medical reevaluation as long as you update and submit the medical exam prior to the one year anniversary of your initial immigrant visa interview.

You may present yourself at the clinic, and follow the instructions as indicated by the medical staff. Once you have the new medical exam, you should submit it to our office by DHL courier. As soon as our office receives the medical exam, the case will be reviewed and you will be notified of the officer’s decision via courier at no extra charge.

For a more rapid reply, direct all inquiries through our online form https://mx.usembassy.gov/es/public-inquiry-form/. Inquiries sent by mail or fax will face significant delays in processing.

Sincerely,

Consular Information Unit

U.S. Consulate General Ciudad Juarez, Mexico

/cm

Seems like a really simple process, just wondering how long its going to take before they notify me. I'm really hoping its a week or two (at most) I WILL TRY AND KEEP YOU POSTED ON TO HOW THE PROCESS TURNS OUT! GOOD LUCK ANYONE GOING THROUGH THIS DIFFICULT TIME. CAN'T WAIT TO BE REUNITED WITH MY WIFE AND SON!!! GOD BLESS YOU!

[NikLR 13,227]

~~moved to progress reports from process and procedures~~

Of course federal law overrules state law! Immigration is federal, not state based. The only time the individual states come into play is first cousin marriages.

[JFH 12,190]

This is a common misconception that just because recreational marijuana use is permitted in certain states (Washington being one) that it won't affect immigration applications. There was a case on here where a European (can't remember exactly which country) admitted to marijuana usage and received a ban and tried to use the fact that they were intending to settle in Washington as a defence even though the marijuana use had not taken place in Washington.

[castama 3]

I mailed in my medical exam today through DHL, after retaking it on Monday, January 2nd 2017. How long will it take for them to get back with a decision? If approved will I have to mail in my passport in too? Really stressed out! Thanks. Check out my other post to see my case.

[castama 3]

UPDATE:

 

I'm currently in Cuidad Juarez and I retook the medical exam yesterday morning Monday 01/02/2017 and I mailed it in this morning. I'm optimistic that it will be a better outcome this time, however I still haven't a clue as to how long this is going to take . The last time I took the medical exam I wasn't given the black sealed results and I was told by the clinic that they were going to mail in the results for me; however this time I was glad that I was handed the results to mail in myself. It was a sigh of relieve after being handed the sealed results. It's been a stressful morning trying to figure out how to mail in the paperwork, but after a couple of phone calls I managed to print out the paperwork (CSRA/United States DoS Immigrant Visa Courier-In Authorization Certificate) that allowed me to mail in my results! It's just a waiting game from here, however I wasn't instructed to mail in my passport, and I have a feeling that it will have to be mailed in if my visa gets approved and it will only make my stay here at Juarez longer than expected.  

 

I hope that this helps someone who is in a similar situation, whether it be now or in the future. Thanks and God Bless! 

[Ryan H 3,812]

~~~Post merged with existing thread.~~~

 

4 hours ago, castama said:

I mailed in my medical exam today through DHL, after retaking it on Monday, January 2nd 2017. How long will it take for them to get back with a decision? If approved will I have to mail in my passport in too? Really stressed out! Thanks. Check out my other post to see my case.

 

[castama 3]

UPDATE:

On Wednesday 01/04/2017, I received confirmation that the package had been delivered to the consulate in Juarez. Later that same day the status updated date had been updated on the CEAC visa status check website. 

 

On Thursday 01/05/2017 the case status had been updated to that date. I called the Cuidad Juarez Official U.S. Department of State Visa Appointment Service line and they informed me that there was no new information available.

 

Today Friday 01/06/2017 the case status hadn't been updated in the morning. My wife contacted the Juarez information line and they informed her that the consulate had requested my passport and I was to mail it in. After mailing it in I checked the website again at 2:15 pm and the status was updated to Administrative Processing. My wife and I thought it was good news, that it meant movement and that my case was being worked on. That's exactly what it was! At 2:46pm I recieved a call from an officer at the US Consulate informing me that I needed to bring my passport to the consulate. I informed her that I had dropped it off at the DHL location this morning and that it should arrive to the consulate on Monday. She informed me that my medical exam came back clean and that my VISA was APPROVED! They were just waiting for my passport! She said that as soon as they receive it they will send it back with the issued visa!!! I'm so excited!!! 

 

I hope that this helps someone who is in a similar situation, whether it be now or in the future. Thanks and God Bless! 

Edited January 6, 2017 by castama

[castama 3]

UPDATE!

On Monday 01/09/2017 courier status confirmed delivery of packet. CEAC website updated the date on its website to Monday's date.

 

Today Tuesday 01/10/2017 the CEAC website updated case status to ISSUED!!!! Status was updated at 4pm. I contacted the Juarez info line and still no waybill assigned. Best news ever!!! 

[Cee & Ed 4]

That is the best possible news, congratulations!!! 

[castama 3]

UPDATE:

In the U.S.!!!!!!!!!!!   THANKS TO THE MAN UPSTAIRS!!! THANK YOU GOD!!!

I received my Visa today. I had just returned back to the hotel after going to check the DHL location to see if there was a waybill number available, which they said there was nothing in their system. I returned to my room and I received an email containing the WAYBILL tracking number! I immediately got a taxi and headed back to retrieve my packet. I then returned to the hotel and checked out, heading to the Zaragoza bridge POE. It took about an hour if not less to be in and out, there were hardly any other people there, maybe a handful. I've been married for almost three years and there was an error in my issued visa. The category was CR1 for a two year conditional residence, however since I've been married for over two years I should of received a IR1. At the POE I was informed that I was receiving the 2yr conditional residence, but I was asked how long I've been married and after telling them they said there was an error in the visa issued. My options were to head back to the consulate in Juarez (which was closed for the next three days) or to head off into the U.S. and have it corrected at my local USCIS Office. There were three officers looking at my case and on of them said that there was a way of correcting the issue then and there but it had been a while since he'd seen it done, therefore he didn't know how to.  I chose to enter the USA and they said it was a very wise idea. I'm now at El Paso, Texas airport awaiting my flight which should depart in about 9 hours, it's going to be a long night! I will keep you posted on how my conditional residence error is corrected. 

 

The following is the email I received with subject of 

"Aviso de envío de devolución de documentación de viaje del sistema de visas del Departamento de Estado de los EE. UU." / 
US Department of State visa system return travel document return notice UU.

 

Hola XXXXXXXXXX,

El Consulado de EE.UU. ubicado en Ciudad Juarez ha entregado un documento relacionado con su solicitud de visa al servicio de correo DHL. El documento se está enviando mediante la opción de servicio de correo que usted seleccionó al registrarse.
El número de seguimiento del envío es XXXXXXXXXX. Puede tomar hasta 24 horas después de recibir este aviso antes de que su envío pueda ser rastreado. Por favor no contacte a la compañía de paquetería antes de ese período de tiempo, ya que no habrá información adicional. Usted podrá rastrear el progreso de su envío en http://www.dhl.com.mx/en/express/tracking.html?AWB=9752730735&brand=DHL. El proceso de envío toma, en promedio, entre uno a dos días laborales desde el momento en que usted recibió este aviso.
Para ver una lista de identificación requerida para recibir los document(s) que se han devuelto y para información adicional relacionada con los servicios de paquetería, por favor vea la información en https://ais.usvisa-info.com/es-MX/niv/information/courier
Los datos que tenemos en nuestros registros son:
Nombre del solicitante: XXXXXXXXXX
Número de pasaporte: XXXXXXXXXX

Atentamente, 
Servicio de Informacion y citas de Visas de CSRA

---

Hello XXXXXXXXXXXXXXXX

The U.S. Department of State Consulate located in Ciudad Juarez has released document related to your Visa application to our courier DHL. The document is being sent via the courier option you selected at registration.
The tracking number for the package is XXXXXXXXXX. It can take up to 24 hours after receiving this notice before your shipment is available to be tracked. Please do not contact the courier company before this time as no additional information will be available. You may track the progress of this shipment at http://www.dhl.com.mx/en/express/tracking.html?AWB=9752730735&brand=DHL. The shipment process takes an average of one to two business days from the time you receive this notice.

For a list of identification required to receive returned document(s) and additional information related to courier services, please refer to the information at https://ais.usvisa-info.com/en-MX/niv/information/courier

The data we have on file is:
Applicant Name: XXXXXXXXXX
Passport Number: XXXXXXXXXX

 

Best regards, 
The CSRA Visa Appointment and Information Service Team

 

The VISA was mailed from the consulate and picked up on the same day, freaken awesome. It took a total of 3 business days to receive the visa in hand, the CEAC website had updated to issued on Tuesday, HEY I GUESS FRIDAY THE 13th ISN"T ALL THAT UNLUCKY OF A DAY!!! I will attach the DHL tracking info.

 

Once again, I wish anyone going through this process good luck and try to be really patient. I have gone through the same thing and I know that it can be nerve racking not knowing how long it is going to take.

Thank you LORD for giving me the strength to have endured this year, it has only made my family stronger! GOD BLESS YOU ALL!

Philippians 4:13 (KJV)

¹³ I can do all things through Christ which strengtheneth me.

 

Edited January 14, 2017 by milimelo
Removed personal info

[castama 3]

THANKS @Cee & Ed Best of luck on your journey.

[OkboLopez 0]

Castama,

 

Thank you so much for sharing your experience.  Can you go into more detail about your time with the psychologist? I am going through the similar issue of the 1 year ban and I am wondering what to say or not say.  

[LionessDeon 2,060]

Congratulations!!  Great feeling isn't it?!

[castama 3]

@LionessDeon YES! IT IS! 

[castama 3]

@OkboLopez When doing my medical exam I saw the physician and she asked if I have consumed any drugs and I responded the exact same thing as the first medical. I then saw the psychologist and she repeated what I had admitted to using in the past, she then continued to say if I have used it since than. I denied using it after that. She repeated the same questions as my first time, my guess to compare both answers for any discrepancies. She asked whom I had consumed it with and if my wife was aware I had used it. She asked what I thought about drug use, I answered that it separates families and that it brings nothing good, I told her that it was my understanding that it was legal in WA state however immigration uses federal laws and that if I had known that I would've never used it. She told me that she hoped I had better luck on my visa and thankfully I did! She was the same psychologist I saw the previous year. Just remember to be truthful.