Denied today, worst day of my life

[Willyn and Larry 0]

I think we are getting off the subject. I have been in contact with my local congressman and he said he will look into it. I dot think there i much he can do but thought it was worth a try. My advice to to LIE if need be. If jennifer would of lied she would have been approved.

[kitkat1 5]

I think we are getting off the subject. I have been in contact with my local congressman and he said he will look into it. I dot think there i much he can do but thought it was worth a try. My advice to to LIE if need be. If jennifer would of lied she would have been approved.

Don't you think the first logical step would be to consult with an attorney? Congressmen don't exactly have much power over the goings-on of a US Consualte in the Phillipines.

[BJZags 17]

Material Misrepresentation is a severe matter.

If answering NO to a question that is designed to flesh out the drug usage of a petetitioner in the last three years (when in fact the usage happened well before that three year period) is a "material misrepresentation" than you are correct. These sorts of questions need to be answered in light of the law or administrative code behind their drafting. With that being said, hopefully the OP is NOT wasting his time reading this nonsense, but is calling a qualified immigration attorney who can formulate a plan of attack on how to best proceed.

[john_and_marlene 162]

First, let me say that I hope there is a path for you to mend your situation. I do believe that you should be seeking a good immigration attorney rather than a query from your congressman.

I think we are getting off the subject. I have been in contact with my local congressman and he said he will look into it. I dot think there i much he can do but thought it was worth a try. My advice to to LIE if need be. If jennifer would of lied she would have been approved.

Now, I understand you are frustrated, shocked, angry, etc., but I also think that does not give you some special right to violate the TOS

[TracyTN 237]

First, let me say that I hope there is a path for you to mend your situation. I do believe that you should be seeking a good immigration attorney rather than a query from your congressman.

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

Material Misrepresentation is a severe matter.

If answering NO to a question that is designed to flesh out the drug usage of a petetitioner in the last three years (when in fact the usage happened well before that three year period) is a "material misrepresentation" than you are correct. These sorts of questions need to be answered in light of the law or administrative code behind their drafting. With that being said, hopefully the OP is NOT wasting his time reading this nonsense, but is calling a qualified immigration attorney who can formulate a plan of attack on how to best proceed.

I agree.

[Willyn and Larry 0]

Ok, I had a long talk with jennifer and got the whole truth out of her on what St. lukes asked and what she said. When asking all the questions they asked if she had ever done any drugs and she said yes. They asked her when she did them and how many times. She told them that she had done shabu sometime in 2001 and only 1 time in 2001. She then told them she did it also 1 time in the spring of 2006 when she was going thu a rough time and a friend said try this it will help you. She then I guess had at sometime during medical had to talk to a shrink and he asked agout the drugs and she told him the same thing. Then at embassy teh examiner ask and she told her the same story. So where we stand here looks like we are screwed. I cant beleive because she used a drug 2 times in her life she was denied. All her bloodwork passed. I have spoke to a immagration lawyer and he said there isnt much he can do but will loook into it, of course that cost me 250 bucks. So eiher way I am going to wait and reapply and have some questions about that, I cant for 2 years and she cant have done any drugs in 3 years correct? Do we start all over fresh or is the visa pending? Thanks

[jj1028 3]

Ok, I had a long talk with jennifer and got the whole truth out of her on what St. lukes asked and what she said. When asking all the questions they asked if she had ever done any drugs and she said yes. They asked her when she did them and how many times. She told them that she had done shabu sometime in 2001 and only 1 time in 2001. She then told them she did it also 1 time in the spring of 2006 when she was going thu a rough time and a friend said try this it will help you. She then I guess had at sometime during medical had to talk to a shrink and he asked agout the drugs and she told him the same thing. Then at embassy teh examiner ask and she told her the same story. So where we stand here looks like we are screwed. I cant beleive because she used a drug 2 times in her life she was denied. All her bloodwork passed. I have spoke to a immagration lawyer and he said there isnt much he can do but will loook into it, of course that cost me 250 bucks. So eiher way I am going to wait and reapply and have some questions about that, I cant for 2 years and she cant have done any drugs in 3 years correct? Do we start all over fresh or is the visa pending? Thanks

Larry, i will still include you in my prayers.. It's tough but can make it through.... Hang on... you'll get there

[TracyTN 237]

If she admitted to drug use in 2006, then obviously that has taken place within the last 3 years - which makes her inadmissable (see below), but it does appear you can have another interview after 3 years have passed. It may be a good idea to have her undergo some kind of rehab or see a counselor about it to help with the interview at that time.

I'm sort of surprised that the lawyer you spoke to didn't seem to know what was quoted below.

I'm sorry this happened to you, but it sounds like this is a serious drug (the equivalent to meth?) and not something to mess around with - whether she's 'only' taken it two times or is a full blown addict.

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.

[alexandra8886 0]

Larry, i will still include you in my prayers.. It's tough but can make it through.... Hang on... you'll get there

same her, larry...

Larry, i will still include you in my prayers.. It's tough but can make it through.... Hang on... you'll get there

same her, larry...

sane here larry...

[Sprailenes 47]

Thats really sad. Sorry to hear that.

2006 was only last year though.

I hope you can get through this.

Good luck.

[kitkat1 5]

Like Tracy said, it was in the past three years - clearly that's the problem.

Why don't YOU contact the consulate directly and ask them what their procedure is?

Again, you need to know:

1) Will they allow her to re-interview in three years?

2) What proof of rehab do they require?

3) How do you keep the approved petition alive during that time?

Without answers to these questions, you cannot make any educated decisions.

[MKCT 0]

I'm sorry about all this....Sometimes you just try to be honest with everything and this is what happens. Anyways, I didn't know we have to get a blood test at the interview? I thought it was only a physical exam...So I guess some people had said no to this question during the exam because I'm sure some people had try once in their lifes drugs like marihuana.... but this Shabu seems to be something strong. Damn! I wish she could've just said no to this questions....

[vsmtghdy 2]

I really am sorry about your case.

Your fiance's case belongs to "CLASS A CONDITIONS" -> an Alien/applicant is determined to have a physical or mental disorder (including communicable disease of public health significance or drug abuse.addiction) that renders him or her ineligible for admission or adjustment of status.

There has been amendments on how Panel Physicians/Civil Surgeons do their medical examinations. This is how the process goes (would have been if they do it by the book) with their determination/conclusion:

DRUG ABUSE or ADDICTION -> the amendments to the Act (Immigration Nationality Act) replace the previous exclusion of the "narcotic drug addicts" with a broader category: "Drug abuser or addict." The borader category includes aliens who are engaged in the nonmedical use of any substances named in section 202 of the Controlled Substances Act, as amended (21 U.S.C. 812). This includes amphetamines (shabu) and related substances, cannabinoids, cocaine and related substances, hallucinogens, opioids and related substances, PCP and related substances, sedatives, hypnotics, or anxiolytic substances (tranquilizers).

Under Psychoactive Drug Abuse: NONMEDICAL USE - considered to be more than experimentation with the subsatnce (e.g. a single use of marijuana or other non-prescribed psychoactive substance such as amphetamines or barbiturates). When a clinical question is raised as to whether the use was experimental or part of a pattern abuse, a physician with experience in the medical evaluation of substance abusers should be consulted to assist in making this determination.

If it is determined that the applicant is using or has used a psychoactive substance, the physician must:

1. Determine whether the applicant is currently using or has has used the psychoactive substance in the last 3 years (for substance listed in th section 202 of the Controlled Substances ACt), or in the last 2 years (for other psychoactive substances)

2. Determine whether there is history or current evidence or harmful behavior, dysfunctional behavior, or physical disease related to the psychoactive substance use.

In your case: The panel physician had determined that your fiance is in Class A and was referred to a Psychiatrist/Psychologist (shrink as you wrote) for further evaluation. What the Psychiatrist wrote in her/his evaluation-> that is what determines her ineligibility that relates to her use of the Controlled Substance. But since I think we cannot get hold of the medical results, we would not know what the Psychiatrist wrote and what made the Adjudicator/CO deny your fiance the visa.

I do hope you can find a way to help her, but as of now with the US Law, there is still no waiver if it pertains to drug use.

Good Luck. You have my prayers. God Bless!

Ok, I had a long talk with jennifer and got the whole truth out of her on what St. lukes asked and what she said. When asking all the questions they asked if she had ever done any drugs and she said yes. They asked her when she did them and how many times. She told them that she had done shabu sometime in 2001 and only 1 time in 2001. She then told them she did it also 1 time in the spring of 2006 when she was going thu a rough time and a friend said try this it will help you. She then I guess had at sometime during medical had to talk to a shrink and he asked agout the drugs and she told him the same thing. Then at embassy teh examiner ask and she told her the same story. So where we stand here looks like we are screwed. I cant beleive because she used a drug 2 times in her life she was denied. All her bloodwork passed. I have spoke to a immagration lawyer and he said there isnt much he can do but will loook into it, of course that cost me 250 bucks. So eiher way I am going to wait and reapply and have some questions about that, I cant for 2 years and she cant have done any drugs in 3 years correct? Do we start all over fresh or is the visa pending? Thanks

[Mrs. Jaz 0]

I'am so sorry to hear that. It was so depressing... I hope there's still way to get her visa. I was just curious what kind of drug it was, if you dont mind can you share it with us... so that the forumers can avoid that drug and may get a clue and do something about it before the interview. Thank you and may God help you.