Cannabis

[JazzyAutum44 0]

In California cannabis is legal for medicinal purposes. My fiancé is coming from Jamaica wherein the laws are basically the same. He uses cannabis to ease pain he suffered from an accident in which he broke his foot. When he takes the medical examination should he mention this?

 

Thank you

[designguy 1,179]

It doesnt matter what is legal at the state level, immigration is a federal process. Cannabis is a schedule I drug(on the same level as LSD and heroine, and considered "worse" than drugs like cocaine) at the federal level. He must answer truthfully at his medical exam. Current drug users are not admissible for immigration. If the physician believes he is still using drugs he may need to undergo drug testing for a year to ensure he is no longer using before his visa will be issued

Edited March 26, 2020 by designguy

[Ontarkie 14,216]

~~Moved to K1 P&P, from US Citizenship Discussion - the topic is about K1 and the medical.~~

[Pinkrlion 2,715]

Marijuana is not legal in JA.  They just lessened drug charges if u are caught with less than 2 ozs.  It is up to the medical MD to determine if he has a ban.  If he does, then  It is a one year ban, he will need to get clean and sober and prove with negative drug tests.

[yellow2 28]

On 3/26/2020 at 1:34 AM, JazzyAutum44 said:

In California cannabis is legal for medicinal purposes. My fiancé is coming from Jamaica wherein the laws are basically the same. He uses cannabis to ease pain he suffered from an accident in which he broke his foot. When he takes the medical examination should he mention this?

 

Thank you

 If he mentions having tried any drugs, even once he will be inadmissible and likely require an I160 waiver for inadmissibility. The limitations on the 601 waiver for drugs (even only trying once) are:

- Had to be more than 15 years ago

- Was only once, or was only arrested once

- Has to show rehabilitation

- Was caught with less than 30 grams

 

 

 

Edited April 2, 2020 by yellow2

[designguy 1,179]

1 hour ago, yellow2 said:

 If he mentions having tried any drugs, even once he will be inadmissible and likely require an I160 waiver for inadmissibility. The limitations on the 601 waiver for drugs (even only trying once) are:

- Had to be more than 15 years ago

- Was only once, or was only arrested once

- Has to show rehabilitation

- Was caught with less than 30 grams

 

 

 

Sorry this is incorrect

Trying a drug once does not require a waiver. Unless there is a criminal record involved, the drug use is evaluated by the panel physician. It will be up to them to determine if drug testing is needed or not. There are plenty people here who had tried marijuana once and were not required to undergo drug testing or received a ban

 

OP he should not "mention" anything, only truthfully respond to the questions asked. 

[Greenbaum 12,259]

10 hours ago, yellow2 said:

 If he mentions having tried any drugs, even once he will be inadmissible and likely require an I160 waiver for inadmissibility. The limitations on the 601 waiver for drugs (even only trying once) are:

- Had to be more than 15 years ago

- Was only once, or was only arrested once

- Has to show rehabilitation

- Was caught with less than 30 grams

 

Source?

 

Here is my source:

 

A. Drug Abuse or Drug Addiction

Applicants who are found to be drug abusers or addicts are inadmissible. ^[1] Drug abuse and drug addiction are current substance-use disorders or substance-induced disorders of a controlled substance listed in Section 202 of the Controlled Substances Act, as defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association or by another authoritative source as determined by the Director. ^[2] 

In 2010, the Centers for Disease Control and Prevention (CDC) changed the Technical Instructions on how a civil surgeon determines whether an applicant is a drug abuser or drug addict. ^[3] The civil surgeon must now make this determination according to the DSM as specified in the Technical Instructions. ^[4] 

 

If the applicant is classified as a drug abuser or addict, the applicant can apply again for an immigration benefit if his or her drug abuse or addiction is in remission. Remission is now defined by DSM criteria, and no longer by a set timeframe as it was under previous Technical Instructions. ^[5] In order for an applicant’s drug abuse or addiction to be classified as in remission, the applicant must return to a civil surgeon for a new assessment.

If the officer has reason to question the completeness or accuracy of the medical examination report, the officer should ask CDC to review the medical report before sending a Request for Evidence (RFE).

 

Most applicants who are found to be drug abusers or addicts are ineligible for a waiver; the availability depends, however, on the immigration benefit the applicant seeks. ^[6]

 

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-8

 

If the beneficiary is a abuser then there will be problems. If he/she tried it once or twice and has since been cleaned then the CS at the medical exam will make the determination if that individual is a abuser. If not an abuser then the CS could pass the individual and they can continue there visa processing.

 

 

Edited April 2, 2020 by Greenbaum

[yellow2 28]

10 hours ago, designguy said:

Sorry this is incorrect

Trying a drug once does not require a waiver. Unless there is a criminal record involved, the drug use is evaluated by the panel physician. It will be up to them to determine if drug testing is needed or not. There are plenty people here who had tried marijuana once and were not required to undergo drug testing or received a ban

 

OP he should not "mention" anything, only truthfully respond to the questions asked. 

 

 

You guys are delusional if you think that even ONLY ADMITTING to trying pot even once can make you inadmissible:

 

I'll state the same again - I do not advocate lying on any application or in any interview but admission of trying marijuana or its derivatives can can bar you from entry in to the USA.

 

Here are multiple articles on the subject and any any google search will find you similar stories.

 

 

 

 

 

https://www.nolo.com/legal-encyclopedia/will-legal-use-marijuana-make-applicant-immigration-benefits-inadmissible.html

 

From the article: If you have used marijuana or worked in the industry, get legal counsel before leaving the United States or applying for naturalization or immigration status as you may face eligibility issues. 

 

https://qz.com/1600262/immigrants-are-being-denied-us-citizenship-for-smoking-legal-pot/

 

From the article:

 

“Just by admitting that, he was declared permanently inadmissible,” says Brady, who was introduced to the man through his attorney. “He did not get a green card and now he could be deported.”

 

https://wolfsdorf.com/blog/2019/04/24/five-things-to-know-about-marijuana-and-u-s-immigration-policy-no-pot-for-non-u-s-citizens/

 

From the article:

Be aware that admissions made involving marijuana with immigration, border, consular, or law enforcement authorities may render you inadmissible.

 

https://nationalpost.com/pmn/news-pmn/canada-news-pmn/pot-use-admission-at-u-s-border-snagging-canadian-boomers-says-lawyer

 

https://www.usnews.com/news/national-news/articles/2019-04-19/marijuana-use-could-bar-immigrants-from-citizenship-feds-say

 

https://www.washingtonpost.com/arts-entertainment/2019/11/11/neil-young-was-honest-his-us-citizenship-app-says-his-weed-smoking-is-holding-things-up/

 

 

 

 

 

 

 

[Greenbaum 12,259]

@yellow2 Do you really believe a newspaper article. I put no credence in news reporting. Most have become a propaganda rag for whatever their agenda is. 

 

I can disprove your theory with two verifiable sources. One is the source I gave you from USCIS hand book and the other is if you go to the Philippines sub forum you will see many articles of people who admitted using weed once and they passed the medical exam and subsequently qualified for a visa.

Edited April 2, 2020 by Greenbaum

[yellow2 28]

33 minutes ago, Greenbaum said:

@yellow2 Do you really believe a newspaper article. I put no credence in news reporting. Most have become a propaganda rag for whatever their agenda is. 

 

I can disprove your theory with two verifiable sources. One is the source I gave you from USCIS hand book and the other is if you go to the Philippines sub forum you will see many articles of people who admitted using weed once and they passed the medical exam and subsequently qualified for a visa.

Lol.

 

Oh, well...if its in the USCIS hand book then it MUST be so..

 

A) I quoted multiple sources, including NOLO and the Washington Post..those sources, Yes - I believe. 

B) I didn't quote "a" newspaper article, I quoted 8 of them and that was just the first page from google. I can continue finding more if you wish.

 

You shouldn't make recommendations to people based on your sole experience online or in some sub forum for the Philippines.  Are you the recipient of a 601 waiver for CIMT? I am.

 

People are being barred from entry due to admitting marijuana use. That is fact.  I did not say that every single person would be barred, but still, is IS happening and has happened. 

 

The hand book is guide for users and agents alike. That however is NOT what is happening in the real world.

 

Here is a scenario:

A person enters the US through an immigration inspection point

Agent " have you ever tried marijuana"

Traveller - "Yes"

Agent (after 2 hours of background checks) - "We're not going to allow you to enter the US today, you can come back tomorrow"

Traveller - "Ok"

 

Fast forward 3 years..

Agent "have you ever been refused entry to the USA?"

Traveller -"yes"

Agent - "on what grounds?"

 

Etc, etc,...it just snowballs and now you've been flagged and will likely encounter issues with admissibility for both non immigrant and immigrant visas alike.

 

Best of luck to you!

[designguy 1,179]

1 hour ago, yellow2 said:

Lol.

 

Oh, well...if its in the USCIS hand book then it MUST be so..

 

A) I quoted multiple sources, including NOLO and the Washington Post..those sources, Yes - I believe. 

B) I didn't quote "a" newspaper article, I quoted 8 of them and that was just the first page from google. I can continue finding more if you wish.

 

You shouldn't make recommendations to people based on your sole experience online or in some sub forum for the Philippines.  Are you the recipient of a 601 waiver for CIMT? I am.

 

People are being barred from entry due to admitting marijuana use. That is fact.  I did not say that every single person would be barred, but still, is IS happening and has happened. 

 

The hand book is guide for users and agents alike. That however is NOT what is happening in the real world.

 

Here is a scenario:

A person enters the US through an immigration inspection point

Agent " have you ever tried marijuana"

Traveller - "Yes"

Agent (after 2 hours of background checks) - "We're not going to allow you to enter the US today, you can come back tomorrow"

Traveller - "Ok"

 

Fast forward 3 years..

Agent "have you ever been refused entry to the USA?"

Traveller -"yes"

Agent - "on what grounds?"

 

Etc, etc,...it just snowballs and now you've been flagged and will likely encounter issues with admissibility for both non immigrant and immigrant visas alike.

 

Best of luck to you!

 

14 hours ago, yellow2 said:

even once he will be

There is a big difference between “will” and “may”. You really think every immigrant coming has either never tried a drug or got a waiver?

 

I wasn’t even asked about it once during my process so the experiences vary dramatically 

[yellow2 28]

1 minute ago, designguy said:

 

There is a big difference between “will” and “may”. You really think every immigrant coming has either never tried a drug or got a waiver?

 

I wasn’t even asked about it once during my process so the experiences vary dramatically 

Utterly irrelevant.  What happened you you, is not what happens to many others.

Again, I'm unsure what you are arguing against?  Pot use or admitting to pot use?

 

Seems to me like you are likely a pot smoker and are getting defensive about it. 

 

To OP,  I have merely shown that admission to use is, in some cases, akin to having a criminal record for use. Be careful.

[designguy 1,179]

2 hours ago, yellow2 said:

Utterly irrelevant.  What happened you you, is not what happens to many others.

Again, I'm unsure what you are arguing against?  Pot use or admitting to pot use?

 

Seems to me like you are likely a pot smoker and are getting defensive about it. 

 

To OP,  I have merely shown that admission to use is, in some cases, akin to having a criminal record for use. Be careful.

I don't use drugs. You should reread your posts. You literally said if he admits to to using pot once he WILL be inadmissible and require a waiver. We have pointed out this is false. Now you are saying "..in some cases...". Are there cases of people having issues entering/immigrating to the US due to drug use? Absolutely! There is no law however, that states one time use = inadmissible. The USCIS manual that @Greenbaum posted and the panel physician guidelines are the best source on how cases are evaluated. You can find a newspaper story to backup any kind of story.

 

This has gone offtrack of OPs original question so... OP the best thing would be for your fiancé to quit using marijuana immediately. As this seems to be a case more on the lines of habitual use, it could be a problem during the medical so the more time between last use and the medical the better. Coming from a country like Jamaica where marijuana use is more prevalent it is highly like that a history of drug use will be taken during the medical exam. He should answer honestly and refrain from volunteering information that is not asked. If the physician determines he will need to undergo drug testing, it is usually a 12 month process where your fiancé will be required to do random drug testing. After a year of clean testing he may be cleared by the PP.

[yellow2 28]

I suppose it could be amended from "will" to "could" otherwise my point stands....and those, including yourself saying "i disprove your theory' based on a few individual cases you read about on THIS forum, are disarming and unreliable.  You've no proven anything other than the ability to be argumentative

[Unlockable 7,314]

*** Thread locked as OP has received sufficient advice and has not logged on since posting this thread.

 

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