Denied today, worst day of my life

[ryza 0]

Wow, sorry to hear this. I think you can get it waived but have to do a drug program. I know there were others on VJ that had similiar problems. Was there also a three year ban?

it can be waived? how? where?

[RonMay 1]

im really so sorry to hear this. this was so shocking... i knew drug use is a no no to the embassy even it was 10 yrs ago or a month ago. no difference. iver read in the old furom before and no matter how they waived or asking somebody's help, its still the same. denied because of using drugs... this is one of the questions that wasnt being ask or not a popular question, so a lot vj family out there doesnt know... i know its too late now but for future references never admit (i know lying is bad) that you have use a certain type of prohibited drugs either to ease your stress/problems or just back in teen-age life... i really hope there's still a glimmer of chance for Jen and Larry for you guys deserve to be happy... God bless

Edited September 4, 2007 by ronmay

[Chica Yeyé 41]

Alcohol & drug abuse/use come with a ban. Three years, after which you can refile and have proof of sober living in those years. No way around it, be strong and good luck.

Peace, L.

Alcohol & drug abuse/use come with a ban. Three years, after which you can refile and have proof of sober living in those years. No way around it, be strong and good luck.

Peace, L.

Oh, and no, there is no waiver as drug/alcohol abuse falls within the categories of inadmissibility. Sorry.

[kitkat1 5]

Wow, sorry to hear this. I think you can get it waived but have to do a drug program. I know there were others on VJ that had similiar problems. Was there also a three year ban?

it can be waived? how? where?

Generally the rule is: Persons who admit during the medical exam to using an illegal drug within the last three years, or who are found with these substances in their system after drug screening, are inadmissible as drug abusers

Drug use is a visa ineligibility and there is no waiver available. But you are supposed to be given the option to wait three years and have another interview.

Most consulates require you to prove that you have been in remission for three years since the last drug use and you need to be prepared with evidence that you have undergone drug counseling or similar rehabilitation.

I suggest you read this section of attorney Laurel Scott's 601 waiver memo as well as contact her for a consult and advice on how to proceed. While this section of her memo is in regard to drug findings at Ciudad Juarez, surely she can provide some legal advice and accurate information for you:

http://www.visacentral.net/I601Memo.pdf

There have been some concerns related to the drug history questions asked during the medical exam down in Juarez. Read AILA Practice Alert document 06020110 so you can properly prepare your clients. If the alien reveals virtually any drug experimentation in the past three years, he/she risks a finding of inadmissibility as a drug abuser or addict and will be ineligible to apply for a waiver of that particular ground of inadmissibility. He/she will have to show three years of sobriety. This does not appear to comply with the Foreign Affairs Manual. Direct any complaints to the Centers for Disease Control, Division of Global Migration and Quarantine, National Center for Infectious Diseases, Centers for Disease Control and Prevention, 1600 Clifton Road, Mailstop E-03 Atlanta, GA 30333. If you disagree with the finding, ask the consular officer to file an Advisory Opinion request with CDC. Other than that, there’s nothing the Department of State can do for you, and you do not have the option to file the Advisory Opinion request directly with CDC yourself.

[joemaria 0]

sorry to hear this but this case fall under visa denial.

[vsmtghdy 2]

My finacee was denied her visa today. At her medical they asked about drug use and she said she took some kind of drug 4 years ago to get thu a rough time in her life and she was denied her visa because of it. Any thing I can do to fix this and get her to us? I have never felt so bad in my life, all my hopes and dreams are gone.

I'm sorry to hear about your case. Admission of having used any illegal drugs is a reason for visa denial , even if it had been years ago. And this is one of those cases that have no waiver.

Section 212(a) of the Immigration and Nationality Act reads:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States...

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

You don't even have to be an addict to be denied. They have a broad meaning of being a drug abuser and you don't have to be an "addict" per se to be denied. An applicant (almost 60 years of age) being petitioned by his son was denied visa (and banned for life to enter U.S.) because he admitted that he had used marijuana once when he was 18-years of age. This case was also a topic of discussion with Atty. Garfunkil and unfortunately Atty. Garfunkil said he cannot do anything about it since this case have no "waiver".

My friend's cousin was denied visa (banned to enter US for life) because he also admitted of using drugs when he was a teenager. All his family is in the US now, except him and that is just so sad, because of a single mistake out of curiosity and using drugs will end up like this.

In your case, since there is no waiver for such type of visa ineligibilities, both of you have to make compromise on what you will have to do now for your relationship. I know it is hard for her now, being down and low and she needed you now more than ever to be by her side to console her. Think of other possibilities, what both of you can do? Like what others said, will you be willing to stay in the Philippines and be with her? Leave your family in the US and be with her? Adjust your time to spend some months in the US and some months in the Philippines? These are just some questions that only you can decide.

m just curious. what should have she told the doctor on her medical? is it better if she didnt admit that she used drugs before?

if she didnt admit it, would they not see it on her blood?

This has been asked in the other forum (Pinoyinfo) and I had recommended them, that although telling the truth and being honest is the best thing but with regards to admitting using illegal drugs, I would recommend that they just say "NO". Specially if it had been years ago. It will not show up in the urinalysis or blood exam that they do at SLEC. They will only know if you tell and divulge the info.

[kitkat1 5]

Drug use is a visa ineligibility for which there is no waiver.

There is NO lifetime ban.

The only current lifetime ban is for people who falsely claim to be US citizens.

The OP should obviously consult a qualified attorney for direction on the appropriate next steps.

[Willyn and Larry 0]

Do you think a imagration attorney canm help, one from pi or usa? How about a k-3 visa if I travel there again and we marry. Please, I need advise.

[kitkat1 5]

Do you think a imagration attorney canm help, one from pi or usa? How about a k-3 visa if I travel there again and we marry. Please, I need advise.

Any other visa will face the same denial - they already have the information from this denial - it doesn't go away.

You first need to know if the finding is illegal since the law states "drug use in the prior THREE years".

Then you need to know how to proceed.

If it is legal, you need to know what is required in the future i.e. proof of rehab, etc. and how to keep the approved petition alive at the consulate so she can re-interview in three yeas.

I would suggest a consult with a qualifed, experienced attorney in the US - you are dealing with US law.

Try Laurel Scott - www.visacentral.net or Heather Poole http://www.humanrightsattorney.com/sub/con...E2966F9B62306BD

I would not waste any time -- they sooner you get professional, qualified legal guidance, the sooner you will know what next steps are required.

[lirachadsbaby 0]

My finacee was denied her visa today. At her medical they asked about drug use and she said she took some kind of drug 4 years ago to get thu a rough time in her life and she was denied her visa because of it. Any thing I can do to fix this and get her to us? I have never felt so bad in my life, all my hopes and dreams are gone.

oh my! during my interview, i met somebody who were denied also. she took drugs about 10 years ago. she regretted she admitted that she took drugs during her medical.

[Ken & Marife 0]

I find this whole ordeal so wrong. When I joined the Military, U.S. Navy, I had many friends that were asked a few questions concerning the use of drugs. As a teenager, many did try Marijuana and admitted it. They were given a waiver and then issued the highest clearance available. They were given access to the most sensitive information our government and military had. To this day they are not allowed to visit countries such as Russia or China.

Now can someone tell me where the justification is? If they can be granted a waiver and be given access to such sensitive areas of our country, surely a couple that is in love, with no intended malice, should be able to fullfil their dreams and live their life in happiness. Otherswise the American dream is dead!!

I know it's not helpful, just voicing my opinion.

Ken & Marife

[sunandmoon 450]

This is such a sad story. she felt she was doing the right thing by being honest about drug use in the past. now the consequences of her admission is having a devastating effect on their lifes. not to be lost in all of this is she has a 3 year old son.

I wish you well in the decisions you will need to make in this most difficult of times.

[one...two...tree 2,762]

m just curious. what should have she told the doctor on her medical? is it better if she didnt admit that she used drugs before?

if she didnt admit it, would they not see it on her blood?

Excellent point. Unless she had criminal record of drug abuse, there'd be no reason to disclose drug use history during the medical. Was this topic not discussed between the two of you beforehand?

[Jamie76 0]

She used some drugs in the past to get through a rough time. Did she mention what kind of drugs? Could they have been legal drugs as in anti-depressants? Something to look in to unless you already know what she was using.

[archie07 0]

Now that is an excellent point. The OP doesn't state what drug she was taking 4 years ago. Could it have been a prescription drug or could she have been under doctors care?