inadmissable to Class A drug finding. Drug counseling? [merged threads]

[jahbri15 0]

My fiance failed his immigration K-1 medical exam and was found inadmissible due to class A drug findings in his system. We were given a paper that says we must wait a year and then he can request another exam. We have checked in with the consular and they told he he is not required to go in for random drug testing , he just needs to wait and then retest in one year....

I am looking for personal experiences of anyone who has went through this process.....
How quickly after the year passed, and you notified the consular office were you given permission to go and re-test?

Did you have to attend another interview or only another medical exam. ?

After showing clean (negative) on the drug screening , how long after did it take until the fiancé may receive his visa to travel?

[milimelo 4,508]

No personal experience, observations from posts here. I think you'd still want regular and unexpected testing done throughout the ban year so you can provide proof to the medical doctor a year later. 

Someone posted recently about their fiance not being told to do the random tests while another person was told to it - same embassy for processing. The one that didn't do the testing has another year before they'll reconsider the visa from what I gathered. 

 

So when in doubt, go back to the immigrant visa medical processing center and sign up for whatever they need the fiance to do - random drug tests - so you don't add extra time waiting. 

[jahbri15 0]

My fiancé was put on a 1 year ban due to drugs found in his system at medical exam. We have to wait 1 year then he can retest.  I have read countless stories similar that said their fiance had to undergo random drug test and counseling as well for that one year. I have written the Consular office after our meeting ( SantoDomingo Dominican Republic) and they said it was not necessary and I also stopped by the medical office where he originally took his medical exam for his VISA and they also said they knew nothing about returning for random drug testing. 

 

 

The paper we received at our meeting about his "inadmissibility" is attached below so you can see the verbiage..  

We are going to have him take random test within this year anyhow to show he is clean.. but with the consular office and medical consular both saying they don't know about returning for test or a recovery program, i am assuming the Dominican Republic does not require this... or at least for this case. 

 

I am also including my email to the embassy and their response. From their response it seems clear, but I am just looking for more confirmation

 

Edited April 4, 2022 by jahbri15
adding info

[Crazy Cat 41,984]

I think it is at the discretion of the individual CO.  I think that having negative test results throughout that year would be very strong evidence.  Good luck.

[millefleur 5,047]

**Moved from  K-1 Fiance(e) Visa Case Filing and Progress Reports to Waivers (I-601 and I-212) and Administrative Processes (221g)**

[TBoneTX 45,598]

Two threads merged.

[JeanneAdil 6,581]

May not require the random testing within the year but doing that and going for counseling would strengthen the case

it does say he has to " complete at least 12 months of full,  sustained remission in order to overcome the inadmissibility" meaning he can't use it at all 

not in 1 to 12 months .   he can't just quit a month before a new test to show as clean

much depends on type of drug 

 

as for new medical ,  yes ,  he would need new medical exam as they expire in 6 months (on top of  he did not pass it)

an approved visa also expires within 6 months of the medical exam ,  so he's going to go thru a new medical and a new interview  

 

go to top of home page and search for posts on this issue 

 

[Family 4,065]

On 4/4/2022 at 12:20 PM, jahbri15 said:

My fiancé was put on a 1 year ban due to drugs found in his system at medical exam. We have to wait 1 year then he can retest.  I have read countless stories similar that said their fiance had to undergo random drug test and counseling as well for that one year. I have written the Consular office after our meeting ( SantoDomingo Dominican Republic) and they said it was not necessary and I also stopped by the medical office where he originally took his medical exam for his VISA and they also said they knew nothing about returning for random drug testing. 

Your Fiancé was classified by the Panel Physician  as an addict with a medical condition ( in this instance mental health DSM ) . He is being given the opportunity to test again in 12 months , and no other conditions imposed by the Panel Physician ( since you verified that w the clinic ) and take the clean test AND convince the Consulate that he is in full remission and merits discretion. 

He should absolutely attend the support group NA ,  get some outpatient treatment ( or therapy) perhaps they can also help him with testing..and when your Fiancé goes back in 12 months, he can take letters from his NA Sponsor, Letter from the Treatment Center and have a better chance at the interview. 

 

 

 

 

 

 

[Family 4,065]

I am sure you did not expect him to go the interview and leave a Cheech and Chong impression..so he does need to make the 12 month count

[here2help 2]

I have lurked on this site for years but made an account just to respond to this thread because I think I can help. 

 

My (now husband, then fiance) is from the Dominican Republic. We applied for the K1 visa in April of 2018. He did his medical exam in November of 2018 and admitted during the exam to smoking marijuana 6 months prior. When he went for the interview at the embassy he was denied on the same grounds, inadmissible due to drug addiction. We had no idea what to do! It was the same as you, they did not schedule any drug tests, they didn't say we should pay for our own, nothing. So we decided to have him take his own drug tests every 3 months and keep the results to show the embassy after the one year.

 

At the end of the 1 year ban, I contacted the embassy and asked for next steps. They told us he had to do another medical exam and come in for another interview. When he went for the medical exam, he brought the drug test results with him. The doctor said the results weren't necessary, and didn't even look at them. We had to fill out another DS-160 and we were able to schedule an interview for February 2020. When we went to the interview, the interview itself was good but they said they couldn't provide an answer to us because the medical results had not arrived yet from the clinic.

 

During the interview, the CO gave us an email address to the embassy. I wrote them constantly asking if the results had arrived (I'd write every few days). After a few weeks of emailing, we started to call the clinic itself to ask when the results would be sent! They always said the results weren't ready. Then, COVID happened and everything shut down. We waited until things opened back up (I don't remember when this was. Like late 2020??) and began to call again! Both the clinic and the embassy continued to give us the same answers: results were not ready and they weren't processing visas anyway (wrong).

 

So finally in March of 2021 I wrote to my senator. I received a canned response back saying there was nothing they could do because of COVID blah blah blah. HOWEVER, my fiance got a call from the clinic asking him to come in. He went in and they gave him a drug test. Once that happened, I started emailing the embassy again for updates. They would take like a week to respond and once they responded, they would say they were still processing his case. But then the clinic would call my fiance again and have him come in for a drug test. They did that 3 times over the next few months then asked him to come in for another final medical exam. He did that and then went in again for another interview. But I had to CONTINUALLY email the embassy and call the clinic to get things moving. I think they would have forgotten about us if I wasn't so annoying lol. I even reached out to my senator once more when people started ignoring me again.

 

When he finally got his interview in July 2021, the embassy requested I write a letter stating that we still wanted to get married, I guess since so much time had passed. They even called me after his interview to confirm I still wanted to marry him haha. I SAID YES OF COURSE. Anyway, he got the visa the day of the interview and he arrived in August 2021!! We got married almost immediately and he just got his green card last week with absolutely no issues. I actually came across this post while searching VJ for any examples of people who got the green card after being found inadmissible for drugs. I found nothing like that so that's another reason why I wanted to respond! 

 

So everything will be fine if you continue to stay on top of the embassy and the clinic. Thankfully you probably won't have to deal with something like COVID being thrown in there so hopefully it'll just be another medical exam in one year, some random tests, another interview, and an approval! 

 

TLDR

• Write the embassy exactly one year after the ban is up. Ensure you know EXACTLY what they want you to do in order to proceed with your case (another medical, another interview, etc).
• Contact the embassy and/or clinic on a regular basis.
• Write your senators if things slow down.

[Family 4,065]

2 hours ago, here2help said:

So everything will be fine if you continue to stay on top of the embassy and the clinic. Thankfully you probably won't have to deal with something like COVID being thrown in there so hopefully it'll just be another medical exam in one year, some random tests, another interview, and an approval! 

 

TLDR

• Write the embassy exactly one year after the ban is up. Ensure you know EXACTLY what they want you to do in order to proceed with your case (another medical, another interview, etc).
• Contact the embassy and/or clinic on a regular basis.
• Write your senators if things slow down.

Welcome and thank you for jumping in to help others. I personally think that in your case ( and also OP’s case..OP= original poster), the clinic / panel physician bears the blame for giving bad advice and ignoring you for so long on the issue of clean tests needed to show rehabilitation ( even allowing for pandemic delays).  Your clinic in fact had him go back to do a few clean tests before submitting the new medical to the Consulate. 

 

I agree with ALL of your recommendations and would add that insisting on getting written guidance from the panel physician , specific to clean tests and rehabilitation requirements actions / requirements during the ban.