Admitting Drug Use on AOS

[MCJ1165 0]

My fiancé K1 was granted Aug 2018, her 19 yr old son denied after admitting marijuana use. Son is currently completing medical requirements 90 day drug education program and monthly drug tests until his second medical in April 2019. Assuming he gets his visa granted....My question is this, on the AOS form they ask if you have EVER broken any US laws regarding drug use. I have to be honest and answer yes he did...will they know that he has completed the drug education program or will they deny him again, his AOS for admitting previous drug use? Mom and I have gotten married, son is with family for next 6 to 7 months until his medical appointment. I would assume that they see what happened in his file and would approve his AOS but looking for those how have had similar experience or first hand knowledge of the process...many thanks.

Edited September 2, 2018 by MCJ1165

[Highmystic 234]

53 minutes ago, MCJ1165 said:

My fiancé K1 was granted Aug 2018, her 19 yr old son denied after admitting marijuana use. Son is currently completing medical requirements 90 day drug education program and monthly drug tests until his second medical in April 2019. Assuming he gets his visa granted....My question is this, on the AOS form they ask if you have EVER broken any US laws regarding drug use. I have to be honest and answer yes he did...will they know that he has completed the drug education program or will they deny him again, his AOS for admitting previous drug use? Mom and I have gotten married, son is with family for next 6 to 7 months until his medical appointment. I would assume that they see what happened in his file and would approve his AOS but looking for those how have had similar experience or first hand knowledge of the process...many thanks.

Maybe others can shed light, but if the son was NOT in the US at the time of his use of marijuana, than I guess he didn't violate a US law.  But I see your point, if you say "no", and you would be correct, (right?) but worry about his foreign drug program.  You could say "yes" with an explanation added/attached if needed.

[Starkilla09 366]

Overseas recreational marijuana use is not violation of U.S. law, as U.S. law in this sense refers to laws within the jurisdiction of United States. After his medical clears from abroad and upon immigrating to the U.S. he will be able to adjust his status. Now with regards to that question he can select “no”, and just to make it clear he’s not trying to misrepresent anything explain to the interview officer why he selected no. He should be fine.

Edited September 2, 2018 by Starkilla09

[Villanelle 4,122]

6 minutes ago, Starkilla09 said:

Overseas recreational marijuana use is not violation of U.S. law, as U.S. law in this sense refers to laws within the jurisdiction of United States. After his medical clears from abroad and upon immigrating to the U.S. he will be able to adjust his status. Now with regards to that question he can select “no”, and just to make it clear he’s not trying to misrepresent anything explain to the interview officer why he selected no. He should be fine.

the new question specifically states in a state, the US, or foreign country.

He has to check yes. They can find him inadmissable. He should speak to an attny

 

#30. on form

also #26 applies (if its illegal in his country for both)

Edited September 2, 2018 by Damara

[Starkilla09 366]

9 minutes ago, Damara said:

the new question specifically states in a state, the US, or foreign country.

He has to check yes. They can find him inadmissable. He should speak to an attny

 

#30. on form

also #26 applies (if its illegal in his country for both)

Had no idea the new I-485 question is that specific and broad. I guess he has to answer yes in that aspect and provide an explanation. The catch 22 now is what if marijuana is legal in his country? I know this marijuana issue affects a large group of Jamaican immigrants negatively when applying for K1 and immigrant visas. They’re normally refused and have to wait a year before being medically cleared for it and finally immigrate. It will be interesting to see how this new question reconciles that aspect.

[Boiler 45,525]

From a practical point of view whatever the question they will know, it is in his file.

Edited September 2, 2018 by Boiler

[MCJ1165 0]

    Let me clarify, if I may.....he admitted occasional recreational drug use/experimentation while he was living in Mexico during his medical. As a K2 recipient coming in on his mother’s K1, he was denied in Ciudad Jaurez during the interview 1 week after medical because he admitted drug use ..which is breaking US law regardless of the country where it happened....that does not matter in the eyes of Immigration. Admitting is just as bad as doing it and being caught....here in USA or abroad. (BTW his urine test was negative for any illicit drugs)

     I have been advised elsewhere I should answer to “yes” on the question if he has ever used drugs in his past on the AOS because they will see that his K2 was granted (our hopes and expectations), and that his paperwork from Mexico ( our supporting documentation as outlined as necessary by Medical in Aug 2018 Interview), supports that claim that yes drugs were used in his past however see supporting paperwork. I also intend to continue monthly drug testing and perhaps a monthly drug counselor meeting after his Visa is granted in April 2019 Until AOS clears in Interview and issues green card in 2020.

     We are fortunate to have the resources in Mexico to provide a home and 90 day drug education program, additional testing, etc...  This one question which he was told by the doctors would not affect his VISA.....BUT he has to tell the truth, is a slippery slope for a 19 year old in there alone with the doctor. To not tell the truth and get caught is a path no one would want to go down. Do it all by the book.