Marijuana use and quickly scheduled interview

[junkmart 320]

On 5/24/2019 at 9:59 PM, 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!!!

They don't drug test during the medical, at least not during mine. They ask about drug abuse and addiction, and provide definition for both. Neither definition seem to apply to trying marijuana, even a few times, and both definitions say "current substance abuse".  I wouldn't worry about it, but if you are, just do an at home test to be sure it is negative.

Edited May 28, 2019 by junkmart

[Ontarkie 14,739]

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