1A4 Denial Twice Now

[SamLo 1]

My Colombian fiance had his medical exam and interview November of last year. He disclosed he smokes marijuana so they gave him the sheet of paper of why he wasn't able to get his visa, checked 1A4 because of his drug use with directions to try again in a year. So he had another medical exam November of this year. We then got an email stating he needs to bring his passport to the embassy and pay the visa fee. He did that yesterday, they took his money, and then they again gave him the paper checked 1A4 with a note stating he needs to come back in a year. Does that mean he failed his drug test? How many times will they tell us the same thing? We have two kids so this is devastating news. Is there anything we can do? I'm so in the dark, any help is very much appreciated.

Thank you.

Edited December 26, 2023 by Crazy Cat

[Crazy Cat 41,811]

***Attachment containing personal information removed***

-VJ Moderation

[powerpuff 6,681]

From my understanding, during that year he would have had to have regular drug tests and pass them to show he has been clean. Was it not the case? 

[SamLo 1]

All we got was a piece of paper saying we could make another medical appointment in a years time. There has been no further instructions. Are we missing something?

[Family 3,988]

1 hour ago, SamLo said:

All we got was a piece of paper saying we could make another medical appointment in a years time. There has been no further instructions. Are we missing something?

Contact the clinic where he got his medical and ask if they do the required drug testing ( every 3 months)..they will refer him to acceptable lab if they don’t do it in house.

 

I suggest YOU do this ..( don’t leave it up to your fiancé . Also ask your fiancé for a copy of his medical to see if he tested clean…

 

You should also ask of both clinic and consulate if the refusal is based on failure to do the testing …

 

Do you think your fiancé was able to stay clean for entire year ? 

 

 

[SalishSea 17,801]

8 hours ago, SamLo said:

My Colombian fiance had his medical exam and interview November of last year. He disclosed he smokes marijuana so they gave him the sheet of paper of why he wasn't able to get his visa, checked 1A4 because of his drug use with directions to try again in a year. So he had another medical exam November of this year. We then got an email stating he needs to bring his passport to the embassy and pay the visa fee. He did that yesterday, they took his money, and then they again gave him the paper checked 1A4 with a note stating he needs to come back in a year. Does that mean he failed his drug test? How many times will they tell us the same thing? We have two kids so this is devastating news. Is there anything we can do? I'm so in the dark, any help is very much appreciated.

Thank you.

Marijuana remains federally illegal in the U.S., despite being legal in some states.   Sorry, but your fiancé will have to prioritize immigrating over using if he wants that visa.

[Cathi 5,746]

13 hours ago, SamLo said:

. Is there anything we can do?

Yes, tell your fiancé to stop smoking weed so he can pass his drug test a year from now. Literally, the only solution. 

Edited December 27, 2023 by Cathi

[SamLo 1]

Thank you everyone for responding. He stopped smoking in August, we figured that was enough time to pass the test at the end of November. The clinic never told him if he passed or not. If he didn't pass would they still allow us another chance? We figured if he failed then his visa would be denied. I don't speak Spanish so I'm not able to contact anyone and when my fiance does he says they don't tell him anything. Testing every 3 months, this is news to us, where is that information presented? He lives on a small island and it costs a lot of money, that we don't have, to travel to Bogota to do these tests. I'll find a way if that's what's keeping him from us but I'm just super confused on how to find out what we are supposed to do. Thank you.

[SamLo 1]

8 hours ago, Family said:

Contact the clinic where he got his medical and ask if they do the required drug testing ( every 3 months)..they will refer him to acceptable lab if they don’t do it in house.

 

I suggest YOU do this ..( don’t leave it up to your fiancé . Also ask your fiancé for a copy of his medical to see if he tested clean…

 

You should also ask of both clinic and consulate if the refusal is based on failure to do the testing …

 

Do you think your fiancé was able to stay clean for entire year ? 

 

 

Where do I find the information that we need to test every 3 months? He never received any kind of correspondence stating he needed to do this. I'm so confused.

[Crazy Cat 41,811]

9 minutes ago, SamLo said:

Where do I find the information that we need to test every 3 months? He never received any kind of correspondence stating he needed to do this. I'm so confused.

The civil surgeon and the consulate are the authorities who would have the info you need.  They made him wait a year because they want him to be clean for a year.  Currently, he is inadmissible.  Now, he needs to PROVE he is clean for a whole year. That is why the consulate will likely require periodic (maybe even random) drug tests over the next year.  

[SamLo 1]

2 minutes ago, Crazy Cat said:

The civil surgeon and the consulate are the authorities who would have the info you need.  They made him wait a year because they want him to be clean for a year.  Currently, he is inadmissible.  Now, he needs to PROVE he is clean for a whole year. That is why the consulate will likely require periodic (maybe even random) drug tests over the next year.  

Ok, thank you. Where do we find that information on when he needs to be tested. They emailed us when they wanted us to come to the embassy to pay the fee but other than that there has been no contact from them. My fiance says the civil surgeon is hard to get ahold of, they don't answer the phone, and when they do they don't provide a lot of information. I don't see any place to contact the consulate other than an email address. I really appreciate your help, I feel like we've been in the dark for so long with no answers so Thank you!

[Family 3,988]

27 minutes ago, SamLo said:

Where do I find the information that we need to test every 3 months? He never received any kind of correspondence stating he needed to do this. I'm so confused.

As I said , start communication with the clinic he has medical exam. 
Link below has all doctors and email address . Write an email in English and you can try Google translate if you run into difficulty .

 

I am not sure why YOU are co signing his BIG mistake “ we “ thought it was ok to smoke it til Aug so he can test clean in Nov (??) “ as that implies he EITHER also had to lie about last time he used or told the truth and he is back to square one ..another

ONE year ban.

 

He is lucky to get a chance as Feds frown on immigrants and any drug use ..pop culture notwithstanding 

 

 

 

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/BGT-Bogota.html

 

[Family 3,988]

12 minutes ago, SamLo said:

I feel like we've been in the dark for so long with no answers so Thank you!

The embassy will not walk you through this . 
The information has been out in the open , so to speak . For example , the link I sent you earlier that has the doctors info , also has links to CDC and actual rules /guidance for those doctors …they are called Panel Physicians..and here is a relevant part on pot /cbd, under mental health

 

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html#cannabis

Therefore, at this time, applicants who meet criteria for cannabis use disorder with the use of cannabis and/or any of its derivatives, including CBD or THC, are inadmissible and must be in sustained remission in order to be classified as Class B for travel clearance purposes.

[SamLo 1]

40 minutes ago, Family said:

The embassy will not walk you through this . 
The information has been out in the open , so to speak . For example , the link I sent you earlier that has the doctors info , also has links to CDC and actual rules /guidance for those doctors …they are called Panel Physicians..and here is a relevant part on pot /cbd, under mental health

 

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html#cannabis

Therefore, at this time, applicants who meet criteria for cannabis use disorder with the use of cannabis and/or any of its derivatives, including CBD or THC, are inadmissible and must be in sustained remission in order to be classified as Class B for travel clearance purposes.

Yes, thank you for the links. I understand that he can't use marijuana. He's been a heavy user for over half his life so it's been difficult for him to stop. It's been an ongoing issue in our relationship but he has stopped and he will continue to abstain. However, I'm still confused on where to find the information on how often and when he needs to get tested. I have reached out through email, Google translated, to the medical office in the past and never received a response. My fiance has called 3 times today and they don't answer. They are quick to respond when I made the appointment but never get back to any questions asked. Do we just continue to call and email them or is there another avenue we can go through to get the necessary information?

[JeanneAdil 6,489]

1 hour ago, SamLo said:

Thank you everyone for responding. He stopped smoking in August, we figured that was enough time to pass the test at the end of November. The clinic never told him if he passed or not. If he didn't pass would they still allow us another chance? We figured if he failed then his visa would be denied. I don't speak Spanish so I'm not able to contact anyone and when my fiance does he says they don't tell him anything. Testing every 3 months, this is news to us, where is that information presented? He lives on a small island and it costs a lot of money, that we don't have, to travel to Bogota to do these tests. I'll find a way if that's what's keeping him from us but I'm just super confused on how to find out what we are supposed to do. Thank you.

He has messed up and u,  the USC,  can not do anything at this point

He needs to comply with the embassy and civil surgeon to pass the medical 

He was given a year to prove he could stop the drug use for  a whole year not just a few months

You say WE don't have the money to travel / s  this is not your responsiblity /its his

He can afford to indulge in smoking pot,  he should use that money towards the trips needed for tests 

You should read what a US lawyer says

 

"communication with that doctors office over the course of the next 12 months and have to be tested up to 4 times over the course of the year and he's going to have to attend drug classes and treatment to make sure that he's clean

https://hackinglawpractice.com/what-if-i-flunk-my-immigration-drug-test/

 

U should also understand that the embassy can still deny if they think he is doing things to bypass the system in between the testing