Marijuana use and quickly scheduled interview

[617Haligonian 34]

Hiya VisaJourney folks,

 

I'm writing this post on behalf of my husband. He applied for AOS through marriage to a US citizen from his B2 Visa (visiting from Canada) in April 2019. We recieved notice today that our interview is scheduled for late June 2019. We have not done the medical exam yet as we were anticipating a long wait between initial application and the interview and didn't want to have it and let it expire. However we got extremely lucky and are scheduled for the i-485 interview in a month which we weren't expecting at all.

The issue at hand is that my husband has smoked marijuana on a handful of occassions in the last 6 months, with last use in the last week or two (Marijuana is legal in MA, however I am aware it is illegal federally). We're kicking ourselves because we completely overlooked that marijuana is still frowned upon federally and just now realized this could put a stop to his application for a 1 year drug ban/hold. I think we have two options (feel free to add options if you think of any!)

1. Try to reschedule the interview so we can postpone the medical in the hopes that he will 100% turn up clean when we do go. This would increase his chances of testing clean, even though he will still have to admit to use. I'm not positive that he will turn up clean in the 3 weeks we have to do the medical. 
2. Proceed with a medical exam in around 3 weeks and risk that he is not 100% clean so we can do our interview that was scheduled much earlier than we expected. 

 

I have a few questions about the issue at hand:
1. If he admits to past marijuana use at his medical and the interview but does not have a tracable quantity in his system, is it up to the doctor/interviewer to decide on that ban? It seems like admitting any use as an adult always triggers the 1 year ban. 

2. If he tests positive for marijuana and admits it, is that a 10 year ban or the same 1 year ban? He has a 1 year out of status overstay already, not sure if this effects the ban.
3. If you incur the 1 year penalty, is it from the date of the exam or interview or last use? 

Edit/Update: We're planning to have him see a primary care doctor before we have the medical so we can get an idea of his blood/urine results. I think trying to reschedule the interview makes the most sense here so we can wait a few weeks before the primary care appointment and then schedule the medical. 

We're both kicking ourselves, it's an obvious no-no to use marijuana while trying to immigrate, we apparently lost our minds. Thank you!!!

Edited May 25, 2019 by muricafyeah

[geowrian 22,338]

10 minutes ago, muricafyeah said:

I have a few questions about the issue at hand:
1. If he admits to past marijuana use at his medical and the interview but does not have a tracable quantity in his system, is it up to the doctor/interviewer to decide on that ban? It seems like admitting any use as an adult always triggers the 1 year ban. 

2. If he tests positive for marijuana and admits it, is that a 10 year ban or the same 1 year ban? He has a 1 year out of status overstay already, not sure if this effects the ban.
3. If you incur the 1 year penalty, is it from the date of the exam or interview or last use? 

1. The medical examination will determine if there is a risk of being inadmissible due to drug use or abuse. Recent use, such as the last year or so, is more likely to be an issue.
2. Testing positive or not isn't that big of  afactor IMO - it's how long ago it was used and how often. The only issue would be if he lied, which is a permanent ban, not 10 years. The overstay ban for 10 years is nto an issue here.
3. Date of interview.

[617Haligonian 34]

15 minutes ago, geowrian said:

1. The medical examination will determine if there is a risk of being inadmissible due to drug use or abuse. Recent use, such as the last year or so, is more likely to be an issue.
2. Testing positive or not isn't that big of  afactor IMO - it's how long ago it was used and how often. The only issue would be if he lied, which is a permanent ban, not 10 years. The overstay ban for 10 years is nto an issue here.
3. Date of interview.

Thank you very much! Do you know if the 1 year halt on the application also halts the EAD and AP? I imagine it does since the 485, 130, 765, 131 all go in 1 packet for AOS. EAD is expected to arrive in August or so, not sure if it makes sense to try to push the interview past August to try to get the EAD/AP document? 

[geowrian 22,338]

2 minutes ago, muricafyeah said:

Thank you very much! Do you know if the 1 year halt on the application also halts the EAD and AP? I imagine it does since the 485, 130, 765, 131 all go in 1 packet for AOS. EAD is expected to arrive in August or so, not sure if it makes sense to try to push the interview past August to try to get the EAD/AP document? 

As long as the I-485 remains open, the EAD and AP will continue to be processed and will remain valid once issued.

 

I believe an I-601 applies here as well. Somebody want to chime in here to confirm?

[Ziongirl 269]

16 hours ago, muricafyeah said:

Hiya VisaJourney folks,

 

I'm writing this post on behalf of my husband. He applied for AOS through marriage to a US citizen from his B2 Visa (visiting from Canada) in April 2019. We recieved notice today that our interview is scheduled for late June 2019. We have not done the medical exam yet as we were anticipating a long wait between initial application and the interview and didn't want to have it and let it expire. However we got extremely lucky and are scheduled for the i-485 interview in a month which we weren't expecting at all.

The issue at hand is that my husband has smoked marijuana on a handful of occassions in the last 6 months, with last use in the last week or two (Marijuana is legal in MA, however I am aware it is illegal federally). We're kicking ourselves because we completely overlooked that marijuana is still frowned upon federally and just now realized this could put a stop to his application for a 1 year drug ban/hold. I think we have two options (feel free to add options if you think of any!)

1. Try to reschedule the interview so we can postpone the medical in the hopes that he will 100% turn up clean when we do go. This would increase his chances of testing clean, even though he will still have to admit to use. I'm not positive that he will turn up clean in the 3 weeks we have to do the medical. 
2. Proceed with a medical exam in around 3 weeks and risk that he is not 100% clean so we can do our interview that was scheduled much earlier than we expected. 

 

I have a few questions about the issue at hand:
1. If he admits to past marijuana use at his medical and the interview but does not have a tracable quantity in his system, is it up to the doctor/interviewer to decide on that ban? It seems like admitting any use as an adult always triggers the 1 year ban. 

2. If he tests positive for marijuana and admits it, is that a 10 year ban or the same 1 year ban? He has a 1 year out of status overstay already, not sure if this effects the ban.
3. If you incur the 1 year penalty, is it from the date of the exam or interview or last use? 

Edit/Update: We're planning to have him see a primary care doctor before we have the medical so we can get an idea of his blood/urine results. I think trying to reschedule the interview makes the most sense here so we can wait a few weeks before the primary care appointment and then schedule the medical. 

We're both kicking ourselves, it's an obvious no-no to use marijuana while trying to immigrate, we apparently lost our minds. Thank you!!!

Learning something,  just wondering is your local office Lawrence MA? If yes when did you put in your application? I would like to know the timeline to expect an interview. 

Thanks I hope you get to reschedule your interview 

[carmel34 3,681]

16 hours ago, muricafyeah said:

If he admits to past marijuana use at his medical

Not a good idea to lie about anything in the US immigration process, as it could result in problems greater than those you might have to face if you are honest.

[617Haligonian 34]

3 hours ago, Ziongirl said:

Learning something,  just wondering is your local office Lawrence MA? If yes when did you put in your application? I would like to know the timeline to expect an interview. 

Thanks I hope you get to reschedule your interview 

Yup our local field office is Lawrence MA! Keep in mind this is a single couples sample size so yours could be better or worse than our timeline:

Married 4/12/18

AOS mailed: 4/9/19 

AOS delivered: 4/12/19

NOA1 4/19/19

Notice to have biometrics done: 4/26/19

I-693 courtesy notice: 4/30/19

Biometrics appointment: 5/14/19

Notice that interview was scheduled: 5/24/19

Interview scheduled for: 6/25/19

3 hours ago, carmel34 said:

Not a good idea to lie about anything in the US immigration process, as it could result in problems greater than those you might have to face if you are honest.

Absolutely, I should've rephrased that piece. We know that if he is asked at his medical about marijuana use that he will 100% have to admit it. Lying about it has much worse consequences, better to be honest about the whole thing if he's asked. Poor wording on my part there, thanks for catching it!

[Ziongirl 269]

1 hour ago, muricafyeah said:

Yup our local field office is Lawrence MA! Keep in mind this is a single couples sample size so yours could be better or worse than our timeline:

Married 4/12/18

AOS mailed: 4/9/19 

AOS delivered: 4/12/19

NOA1 4/19/19

Notice to have biometrics done: 4/26/19

I-693 courtesy notice: 4/30/19

Biometrics appointment: 5/14/19

Notice that interview was scheduled: 5/24/19

Interview scheduled for: 6/25/19

Absolutely, I should've rephrased that piece. We know that if he is asked at his medical about marijuana use that he will 100% have to admit it. Lying about it has much worse consequences, better to be honest about the whole thing if he's asked. Poor wording on my part there, thanks for catching it!

Thank you that was quick though, it's been 5 months I have not heard from them. Still waiting for the interview though I got the ead after 2 months

[617Haligonian 34]

1 hour ago, Ziongirl said:

Thank you that was quick though, it's been 5 months I have not heard from them. Still waiting for the interview though I got the ead after 2 months

Oh I'm so sorry to hear that. I don't know what happened that we got ours so quickly when I'm sure there are a ton of people who applied months before us :(. I hope you hear back soon from them!! I have my fingers and toes crossed for you. 

[Ziongirl 269]

1 hour ago, muricafyeah said:

Oh I'm so sorry to hear that. I don't know what happened that we got ours so quickly when I'm sure there are a ton of people who applied months before us :(. I hope you hear back soon from them!! I have my fingers and toes crossed for you. 

Thank you crossing my fingers and toes too. Am really waiting  and 🙏🙏🙏 too

[eckoin 211]

You could schedule your own urine test to see what shows up. 

 

Fwiw, my civil surgeon only asked about past or present drug abuse, not if I had tried any drugs in general. 

 

I don't believe most even test for drugs; they have to test for TB, syphylis, and other conditions if needed. A drug test is not part of I693, and many (most?) medical professionals interpret "drug abuse" as, "systemic drug use with addiction", rather than occasional use, especially with marijuana. Plus, a urine test (or other tests used for drug use) is an additional cost that is not part of the package, so I don't see why anyone would throw in a "freebie". 

 

You could always just not complete the I693 and go to the interview without it. They will give you an RFE as a "can't complete your case before we get it", and you'll submit it after the interview. 

[Crazy Cat 43,116]

14 minutes ago, eckoin said:

You could schedule your own urine test to see what shows up. 

 

Fwiw, my civil surgeon only asked about past or present drug abuse, not if I had tried any drugs in general. 

 

I don't believe most even test for drugs; they have to test for TB, syphylis, and other conditions if needed. A drug test is not part of I693, and many (most?) medical professionals interpret "drug abuse" as, "systemic drug use with addiction", rather than occasional use, especially with marijuana. Plus, a urine test (or other tests used for drug use) is an additional cost that is not part of the package, so I don't see why anyone would throw in a "freebie". 

 

You could always just not complete the I693 and go to the interview without it. They will give you an RFE as a "can't complete your case before we get it", and you'll submit it after the interview. 

I have seen numerous posters who were tested after admitting to prior use.....and those with a positive test have gotten one year bans.....

[eckoin 211]

1 minute ago, missileman said:

I have seen numerous posters who were tested after admitting to prior use.....and those with a positive test have gotten one year bans.....

Oh wow, I take that back I guess. 

 

I haven't been asked if I've ever used drugs, just if I have any history of drug abuse. I do not (and would have tested clean regardless). I also don't live in a state that allows even medical marijuana. 

 

My suggestion to OP would then be to do a private drug test to see what shows up, and just not do the I-693 exam if it's positive. Delays the case, but better than getting a ban. 

 

Opinions on marijuana use notwithstanding on any side of the argument. 

[Boiler 46,664]

Quite why someone going through this process would do drugs is one of those things that just amazes me.

 

I would have thought an I 601 could be the result and a delay, wonder what happens to AP and EAD?

 

 

[617Haligonian 34]

2 hours ago, eckoin said:

Oh wow, I take that back I guess. 

 

I haven't been asked if I've ever used drugs, just if I have any history of drug abuse. I do not (and would have tested clean regardless). I also don't live in a state that allows even medical marijuana. 

 

My suggestion to OP would then be to do a private drug test to see what shows up, and just not do the I-693 exam if it's positive. Delays the case, but better than getting a ban. 

 

Opinions on marijuana use notwithstanding on any side of the argument. 

This is a super good idea. We we're planning for him to just have a general checkup before he has the medical simply because he hasn't seen a doctor in years and it's good for him to get a checkup anyway. I didn't even think to just not do the medical before the interview, that's probably the best thing to do if his private test comes back with any traces. Thanks for your input and the suggestion!! 

34 minutes ago, Boiler said:

Quite why someone going through this process would do drugs is one of those things that just amazes me.

 

I would have thought an I 601 could be the result and a delay, wonder what happens to AP and EAD?

 

 

I mean obviously it was incredibly dumb and we should've been smarter about it/not used it at all. I wish I had put 2 and 2 together and remembered that even though MA says it's legal, the federal government doesnt. I've been kicking myself for days but what's done is done and we learned our lesson. 

 

I'm not sure on the AP and EAD if he gets the 1 year ban/delay, I imagine they would be delayed also but not 100% sure. I'm fully expecting him to get that 1 year ban/delay and then having to file the i-601 in a year's time to continue with the AOS. 

2 hours ago, missileman said:

I have seen numerous posters who were tested after admitting to prior use.....and those with a positive test have gotten one year bans.....

I fully expect that 1 year ban if he has any in his system by the time the medical rolls around. I think I read a couple of threads that talked about people getting bans for simply using in the past which makes me even more nervous :/. Probably damned either way but we played a stupid game and won a stupid prize.