Denied today, worst day of my life

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

Chalk this one up for a lesson learned...never disclose previous drug use during your medical unless you believe it will affect the outcome of the exam. As far as I know, there is no way they can detect previous drug use if it's been more than a year since using it.

[vsmtghdy 2]

Shabu - methampethamine is illegal in the Philippines and even just a possession of 1-gram if caught can put you in jail for years and not just rehab. And it have more complications and far worst than marijuana or cocaine.

Panel Physicians (SLEC or even in other countries) cannot deny an applicant based on the medical results. That is written in the Technical Instructions for Panel Physicians. All they can do is put remarks about their findings (Category A, B then put remarks like will need further evaluation in the US or will continue treatment/rehab in the US/upon arrival - if the case is medical or psychological in nature). In cases of drugs and highly communicable disease (those written as reasons for visa ineligibility), panel physicians can just place their remarks/findings and it is up to the CO/Adjudicator to give the applicant the good or bad news.

Here's the site for Classes of Aliens Ineligible for a Visa and Waiver of Ineligibility from the NVC website:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Good Luck!

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

Shabu - methampethamine is illegal in the Philippines and even just a possession of 1-gram if caught can put you in jail for years and not just rehab. And it have more complications and far worst than marijuana or cocaine.

Panel Physicians (SLEC or even in other countries) cannot deny an applicant based on the medical results. That is written in the Technical Instructions for Panel Physicians. All they can do is put remarks about their findings (Category A, B then put remarks like will need further evaluation in the US or will continue treatment/rehab in the US/upon arrival - if the case is medical or psychological in nature). In cases of drugs and highly communicable disease (those written as reasons for visa ineligibility), panel physicians can just place their remarks/findings and it is up to the CO/Adjudicator to give the applicant the good or bad news.

Here's the site for Classes of Aliens Ineligible for a Visa and Waiver of Ineligibility from the NVC website:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Good Luck!

Valuable info!

[LonnieNCarmie 0]

Well, I it was tough day at work today for me to hear of Larry and Jen when I checked here on VJ this morning. What she used was the worst drug in the Phils says my fiancee. Obviously there are alot that probably has not been discussed in your relationship because of fears of how you would think of her. Right now before you make a decision that will change your life you need to be clear on everything, and all the skeletons are out of the closet. Its says alot about Jens character that she admitted this she is indeed a good girl, and wanted a good life for her and her son, but by not telling you everything you didn't have a chance to even talk to her about it. Now I will tell you this Larry support her if you love her it is so easy for her to go back into that rough time in her life especially now.

I think by moving there you save 3 lives from what it sounds like. Yours, Hers, and the young son. You would be a true American hero if you did.

[kitkat1 5]

Was she denied at the interview or was she told up front during the medical once she admitted to drug use?

I wouldn't have thought a local doctor has any right to deny an application for a visa issued by the US government.

It's not up to the doctor - it's up to the CO. And the CO has to follow the law. That's why this is such a complicated situation. The law says drug use in the prior THREE years -- not four.

OP, have you contacted a lawyer? You need to know if the denial was legal. If it was, you need to know exactly what she has to do to prove rehabilitation and to keep the petition alive for three years. I cannot stress this enough to you - talk to a lawyer, make sure you are clear on the next steps. There is no waiver, there is nothing you can do except make sure you understand the appropriate procedure.

[MOLEN 0]

Sorry to hear that, So many case like...............that

have you ever read some of the members post/topic about these kinda case.,,,,for you to warn your fiancee whats to say and what not to say??

honesty sometime could kill you

I saw it at citizen pinoy it's a lifetime ban.......maybe you could do some alternative way.

best of luck DON'T give up yet!!

[kitkat1 5]

Apparently the US consulate in the Philippines gets to make their own rules and doesn't have to abide by US law (which says there is no lifetime ban for drug use and there is no issue if it was NOT in the prior three years).

So it looks like a lawyer is the ONLY possible next step - and in this case a US based lawyer probably knows nothing. Sounds like Atty. Michael Gurfinkel is the only one to talk to - and even with his help, looks like there is nothing that can be done.

[archie07 0]

As someone else stated, if I were in this situation I would be on the phone to a lawyer ASAP. If the rules say three years, your girl said it was four years ago, I'm sure with having a three year old she can remember exactly when she took the drugs. Could the doctor have erred on his documentation? I know nothing about appeals or waivers but I do wish you both the best of luck.

[beng_and_carl 0]

how do you guys know that there is no drug test during the medical exam?

[RonMay 1]

how do you guys know that there is no drug test during the medical exam?

basically i think there is or part of the blood test and urinalysis is finding out if a person is using a substance (actual substance/during those times), and part of that test too is for HIV, siphilis, if you're pregnant etc... if a person is no longer using prohibited drugs for the past years, then it wont show/come out on the test...

my understanding of what ive heard

[beng_and_carl 0]

i heard from those getting a driver's license. you need to present a drug test result. and they fill out a waiver for the info of the result or a form something like that. so, if there's no form in the SLEC with that kind, no drug test is happening?

[LonnieNCarmie 0]

Ok I have been managing large companies for over 15 years, as a rule of thumb anytime you fill out a application for anything job,medical exam, drivers license other than you own personal doctor because you are protected under HIPPA privacy act. The answer should always be no to drug use. Always let the burden of proof be on the employer or intity looking for the proof you have used in the past. There are certain protections that you have when an employer hires you in the US and you have a drug or Alcohol problem because these are considered diseases that in most cases you can be kept employed as long as you are under medical treatment and complete rehab classes for. This is under Medical Leave Act but at the consulate interview or anything with US immigration the answer is always no to drug use.

Now I am not sure how the questionaire is formated at the Medical Exam but most of these forms you should usually answer no to because answering yes to most of the questions triggers more explaining. Not telling you to not tell the truth just make sure it is not something you can be denied For in the interview. And when in doubt have a conversation with your fiancee or fiance about there medical exam. I think we put so much focus on the interview and not how to answer the questionair in the medical exam. We should start another thread to learn more about the Medical questionaire as I know my fiancee will be doing her medical sometime next week. Instead of the Sept 25 her interview date is Oct 2.

[zakura02 0]

Ok I have been managing large companies for over 15 years, as a rule of thumb anytime you fill out a application for anything job,medical exam, drivers license other than you own personal doctor because you are protected under HIPPA privacy act. The answer should always be no to drug use. Always let the burden of proof be on the employer or intity looking for the proof you have used in the past. There are certain protections that you have when an employer hires you in the US and you have a drug or Alcohol problem because these are considered diseases that in most cases you can be kept employed as long as you are under medical treatment and complete rehab classes for. This is under Medical Leave Act but at the consulate interview or anything with US immigration the answer is always no to drug use.

Now I am not sure how the questionaire is formated at the Medical Exam but most of these forms you should usually answer no to because answering yes to most of the questions triggers more explaining. Not telling you to not tell the truth just make sure it is not something you can be denied For in the interview. And when in doubt have a conversation with your fiancee or fiance about there medical exam. I think we put so much focus on the interview and not how to answer the questionair in the medical exam. We should start another thread to learn more about the Medical questionaire as I know my fiancee will be doing her medical sometime next week. Instead of the Sept 25 her interview date is Oct 2.

So the big lesson learned here is answer NO to any questions about drug use.. or maybe even psych or mental problems for it is also one of the reasons for visa ineligibility being danger to society as they say.. sometimes white lies aren't bad at all!

[john_and_marlene 162]

So the big lesson learned here is answer NO to any questions about drug use.. or maybe even psych or mental problems for it is also one of the reasons for visa ineligibility being danger to society as they say.. sometimes white lies aren't bad at all!

I think the biggest lesson here is to not do drugs and that you can be held accountable for your actions.

[garya505 2]

This is your brain on drugs