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Posted

Hi, my partner has a Charge for a possession of a class A drug in 2010.Really tiny amount and  It wasn’t even his but that’s a long story. He had his interview at the embassy and the man said he would be recommend for a waiver and his application was sent off. We were obviously over the moon as this was positive! He had Good evidence with him - mortgage, business accounts, our children’s birth certificates etc as he is a family man with a good business. However we have now had a letter come through saying that before his application can be processed he needs to attend a medical appointment. This wasn’t mentioned at the interview! Why would they ask for this last minute? I just wanted to ask.....

 

if he has any drug charge on his file no matter how big or small is this an automatic drug test on the day with an extra charge? Or If the doctor feels he is not a drug abuser and he explains himself will the basic medical examination be enough for him to be accepted? 
 

Thanks 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Drugs have both criminal and medical implications, they wish him checked for the medical aspect. I assume he will be tested.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

He will very likely be tested. It’s pretty much routine that anyone with a history of even one incident involving drugs to be sent for testing. Mortgages, children, jobs don’t make any difference and count for nothing. 
 

You say he has a charge. Was he convicted? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted
4 minutes ago, JFH said:

He will very likely be tested. It’s pretty much routine that anyone with a history of even one incident involving drugs to be sent for testing. Mortgages, children, jobs don’t make any difference and count for nothing. 
 

You say he has a charge. Was he convicted? 

Think it was a 6 month suspended sentence? 
 

The interviewer didn’t mention a medical at all so we thought we were just waiting for his passport back with the visa in.

 

thanks 

Posted
Just now, Sarahcad28 said:

Think it was a 6 month suspended sentence? 
 

The interviewer didn’t mention a medical at all so we thought we were just waiting for his passport back with the visa in.

 

thanks 

So he was convicted. 
 

Maybe the interviewer assumed he was aware that he would need a medical? I’m not sure what the question is here. Is there something that will show up on the medical that he didn’t reveal in the interview or on the DS-160 form? If he’s not a drug user, what’s to worry about? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: K-1 Visa Country: Wales
Timeline
Posted

Odd that they did not return the passport.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
8 minutes ago, JFH said:

So he was convicted. 
 

Maybe the interviewer assumed he was aware that he would need a medical? I’m not sure what the question is here. Is there something that will show up on the medical that he didn’t reveal in the interview or on the DS-160 form? If he’s not a drug user, what’s to worry about? 

The interviewer was really positive about the situation and said he should be fine and we would get a decision within 2 months. Then we had an email  The next day saying it has now been determined that in order to continue the application you will need a medical test. He has never taken class a drugs but does occasionally smoke Cannabis which is why I am asking. Thanks 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Cannabis is not legal in the UK or the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
1 minute ago, Sarahcad28 said:

The interviewer was really positive about the situation and said he should be fine and we would get a decision within 2 months. Then we had an email  The next day saying it has now been determined that in order to continue the application you will need a medical test. He has never taken class a drugs but does occasionally smoke Cannabis which is why I am asking. Thanks 

The cannabis is going to be an issue. It’s federally illegal here. Yes, it’s legal on a state-level in many states (including the one I live in) but immigration is a federal matter. It’s also illegal in the UK so he is breaking the law there. The US government takes a very dim view of a disregard for the law when it comes to visas. 
 

He absolutely must declare it at the medical. He will be asked. He must answer truthfully. 
 

That’s probably why they kept the medical a surprise. To catch people unaware. 

Just now, Boiler said:

Cannabis is not legal in the UK or the US.

Yep, so much for evidence of his good character! 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted
3 minutes ago, JFH said:

The cannabis is going to be an issue. It’s federally illegal here. Yes, it’s legal on a state-level in many states (including the one I live in) but immigration is a federal matter. It’s also illegal in the UK so he is breaking the law there. The US government takes a very dim view of a disregard for the law when it comes to visas. 
 

He absolutely must declare it at the medical. He will be asked. He must answer truthfully. 
 

That’s probably why they kept the medical a surprise. To catch people unaware. 

Yep, so much for evidence of his good character! 


just because someone has previously smoked  Cannabis   doesn’t mean they have a bad character? Really judgmental when I was asking for advice not to be criticised 

Filed: K-1 Visa Country: Wales
Timeline
Posted
2 minutes ago, Sarahcad28 said:


just because someone has previously smoked  Cannabis   doesn’t mean they have a bad character? Really judgmental when I was asking for advice not to be criticised 

You said he is a current user.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
17 minutes ago, Sarahcad28 said:


just because someone has previously smoked  Cannabis   doesn’t mean they have a bad character? Really judgmental when I was asking for advice not to be criticised 

It’s breaking the law. And you say he does it currently. FWIW my husband smokes cannabis daily. But we live in a state where it’s legal. So I’d be the last to judge someone for smoking. But the issue here is not the weed. It’s the fact that he is breaking a law. Any law. We are talking here in terms of immigration, not what one individual considers to be socially acceptable or not. In immigration terms, breaking any law, be it smoking marijuana or shoplifting, is going to be a problem. It’s the disregard for the laws of the land that is the issue. 
 

 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: K-1 Visa Country: Wales
Timeline
Posted

On a more positive note the B applications asks about current drug use and they still approved him for a waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
1 hour ago, Sarahcad28 said:


just because someone has previously smoked  Cannabis   doesn’t mean they have a bad character? Really judgmental when I was asking for advice not to be criticised 

Fact: He is a current user. That is a violation of US law.  The ONLY thing he can do is to comply with the medical and accept the result.  Good luck.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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