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Filed: Timeline
Posted
A Filipino man in his 60's being petitioned by his family... all his sons and daughters are in the US, he admitted taking marijauna when he was 18-years of age and just once out of curiosity and peer pressure. He was denied visa and was banned for Life to enter the US.

In this situation, it was more than 40 years since he did the drugs and only once and he was denied and banned. The family just take turns to have vacations yearly to visit him in the Philippines.

If this is your situation, would you have lied?

Depends on what question I was being asked.

The question was about the drug usage which is the reason for his denial and being banned to enter the US ---> because he admitted taking marijuana once more than 40 years ago.

'the drug usage' is a little vague...... I took some aspirins this morning.

"One person with a belief is equal to a force of 99 who have only interests."

John Stuart Mill

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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Let me put it to you this way if you knew that you tried drugs 10 years ago and was clean every since would you even bother meeting someone in the US knowing that the question on the medical was have you ever tried drugs? And you knew it would result in a permanant ban and denial at the embassy. Or would you take your chances knowing they would never find out unless you answered yes to the question, and in that case you would be denied anyways. I think most of us know what we would do. :innocent:

Filed: Timeline
Posted
Let me put it to you this way if you knew that you tried drugs 10 years ago and was clean every since would you even bother meeting someone in the US knowing that the question on the medical was have you ever tried drugs? And you knew it would result in a permanant ban and denial at the embassy. Or would you take your chances knowing they would never find out unless you answered yes to the question, and in that case you would be denied anyways. I think most of us know what we would do. :innocent:

-How many non-USC's are versed in US immigration law ahead of actually meeting a USC that they engage in a relationship with? - probably not many.

-I didn't 'try' to meet a USC with a view to moving to the US, I met a woman through fate who I fell in love with - she happened to be from the US.

-Having made it through to the K-1 visa medical examination, I would (and did) answer the questions truthfully - and it would have been more convenient for me not to.

"One person with a belief is equal to a force of 99 who have only interests."

John Stuart Mill

Filed: Timeline
Posted
A Filipino man in his 60's being petitioned by his family... all his sons and daughters are in the US, he admitted taking marijauna when he was 18-years of age and just once out of curiosity and peer pressure. He was denied visa and was banned for Life to enter the US.

In this situation, it was more than 40 years since he did the drugs and only once and he was denied and banned. The family just take turns to have vacations yearly to visit him in the Philippines.

If this is your situation, would you have lied?

Looking at 'FAM 40.11 N9.1 Definitions', it does not look like one-off use of marijuana does constitute a lifetime ban:

http://foia.state.gov/masterdocs/09fam/0940011N.pdf

Nonmedical use—is considered to be more than experimentation with the

substance (e.g., a single use of marijuana or other non-prescribed

psychoactive substances such as amphetamines or barbiturates).

(Experimentation with any of these drugs would not be considered a

ground of ineligibility)”.

"One person with a belief is equal to a force of 99 who have only interests."

John Stuart Mill

Filed: Country: Philippines
Timeline
Posted (edited)

I thought we've matured to allow even US Presidents to have past drug use. My God, what an over reaching question to be asking applicants if any admission of past drug use will disqualify them from getting a Visa! Sh!t! The USCIS might as well put forth a list of pre-qualifying conditions that includes no history of drug use so that applicants won't go through to the point of the medical exam only to find out they would have never qualified in the first place!

Without a conviction or criminal record of illegal drug use, the medical exam question is pertinent for medical reasons, not legal...therefore, one should use discretion when disclosing previous illegal drug use, IMO.

Edited by Mister Fancypants
Filed: K-1 Visa Country: Philippines
Timeline
Posted

So that being said you fall in love which most of us do by fate and after having a relationship for a while and meeting and deciding you are going through this process to be with each other for a lifetime all of a sudden this question comes up now let me first explain I have never ever in my life tried or used drugs and my fiancee never has. I am just posing a question to everyone here on VJ. Based on what happend to one of our members Yesterday I thought we should open up a discussion about it. Her answering yes to using drugs I am sure she didn't know it would end in a denial and possibly permanant ban yes telling the truth was the right thing to do. However I would have had to ask for forgiveness to a higher power than the US government.

Filed: Country: Philippines
Timeline
Posted (edited)
So that being said you fall in love which most of us do by fate and after having a relationship for a while and meeting and deciding you are going through this process to be with each other for a lifetime all of a sudden this question comes up now let me first explain I have never ever in my life tried or used drugs and my fiancee never has. I am just posing a question to everyone here on VJ. Based on what happend to one of our members Yesterday I thought we should open up a discussion about it. Her answering yes to using drugs I am sure she didn't know it would end in a denial and possibly permanant ban yes telling the truth was the right thing to do. However I would have had to ask for forgiveness to a higher power than the US government.

Not only that, had the USCIS asked that question or made it a pre-qualifying condition for the USC, many couples would have been disqualified...in fact, I'd bet a very high percentage.

Edited by Mister Fancypants
Posted (edited)

What happen to those countries that use or cultivates these drugs (that may or may not be available not only for medicinal purposes but for other things as well), such as Amsterdam, or Pakistan or Afghanistan (as an example)? Are they too not allowed to ever come to the US? Obviously not, because we do have our friends from these countries that can reside and became naturalized citizen in the US.

I agree with Mister Fancypants, we have to use our discretion when disclosing the use of illegal drugs during the interview session or medical examination.

I thought we've matured to allow even US Presidents to have past drug use. My God, what an over reaching question to be asking applicants if any admission of past drug use will disqualify them from getting a Visa! Sh!t! The USCIS might as well put forth a list of pre-qualifying conditions that includes no history of drug use so that applicants won't go through to the point of the medical exam only to find out they would have never qualified in the first place!

Without a conviction or criminal record of illegal drug use, the medical exam question is pertinent for medical reasons, not legal...therefore, one should use discretion when disclosing previous illegal drug use, IMO.

Edited by RandyandRina

IR-1

Immigration Process

2007-02-22 **I-130 Sent to VSC

2007-07-02 **I-130 APPROVED at USCIS- CSC

2007-10-10 **CASE COMPLETED at NVC

2007-11-15 **INTERVIEW DATE. APPROVED at USEM!!!

USA

2007-12-02 **Arrival from MNL to JFK (NYC)

2007-12-10 **Visit to SSA

.png

Filed: Country: Jamaica
Timeline
Posted
I thought we've matured to allow even US Presidents to have past drug use. My God, what an over reaching question to be asking applicants if any admission of past drug use will disqualify them from getting a Visa! Sh!t! The USCIS might as well put forth a list of pre-qualifying conditions that includes no history of drug use so that applicants won't go through to the point of the medical exam only to find out they would have never qualified in the first place!

Without a conviction or criminal record of illegal drug use, the medical exam question is pertinent for medical reasons, not legal...therefore, one should use discretion when disclosing previous illegal drug use, IMO.

Very well said!

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

Filed: Timeline
Posted
I thought we've matured to allow even US Presidents to have past drug use. My God, what an over reaching question to be asking applicants if any admission of past drug use will disqualify them from getting a Visa! Sh!t! The USCIS might as well put forth a list of pre-qualifying conditions that includes no history of drug use so that applicants won't go through to the point of the medical exam only to find out they would have never qualified in the first place!

Without a conviction or criminal record of illegal drug use, the medical exam question is pertinent for medical reasons, not legal...therefore, one should use discretion when disclosing previous illegal drug use, IMO.

-The US president is by definition a US Citizen by birth and so is not a foreign national going through an immigration process.

-I'm not sure why it is more 'mature' to concede that it is OK that the US president to have used illegal drugs.

Regardless, it is interesting to consider what role the medical examination actually plays in the immigration process. Are the literal answers given to the doctor recorded for use by the US authorities, or are they just used to assist the doctor in answering particular questions requested by the US authorities?

BTW - I have seen a link to a site that offers resources to the doctors who are used by the US embassies around the world. Has anyone got this link?

"One person with a belief is equal to a force of 99 who have only interests."

John Stuart Mill

Filed: Country: Philippines
Timeline
Posted
I thought we've matured to allow even US Presidents to have past drug use. My God, what an over reaching question to be asking applicants if any admission of past drug use will disqualify them from getting a Visa! Sh!t! The USCIS might as well put forth a list of pre-qualifying conditions that includes no history of drug use so that applicants won't go through to the point of the medical exam only to find out they would have never qualified in the first place!

Without a conviction or criminal record of illegal drug use, the medical exam question is pertinent for medical reasons, not legal...therefore, one should use discretion when disclosing previous illegal drug use, IMO.

-The US president is by definition a US Citizen by birth and so is not a foreign national going through an immigration process.

-I'm not sure why it is more 'mature' to concede that it is OK that the US president to have used illegal drugs.

Regardless, it is interesting to consider what role the medical examination actually plays in the immigration process. Are the literal answers given to the doctor recorded for use by the US authorities, or are they just used to assist the doctor in answering particular questions requested by the US authorities?

BTW - I have seen a link to a site that offers resources to the doctors who are used by the US embassies around the world. Has anyone got this link?

What I meant by maturity is that after Clinton, the stigma of previous drug use no longer stands in the way from a candidate being elected to the highest office in this country...to me, that should count as something with regard to handling ANYONE'S past drug use. It's not necessarily saying that it's OK to use illegal drugs, but it's accepting that experimental drug use is and has been prevalent among many young people. I'd personally like to see all drug use be decriminalized, but that's another thread.

Good question as far the medical examination goes. Like I said, if previous illegal drug use (within 3 years) is an automatic denial then it should be a question on the initial application. From what I've read, it isn't that cut and dry. I'd be interested in knowing what an immigration lawyer would advise to a beneficiary with a drug use history. In any case, using discretion when answering medical questions is the best course.

Posted
What is acceptable to answer yes to in the Medical Questionaire that would not trigger an automatic Denial at the Inteview?

we all know that honesty is the best policy.. but if you read what happened to jen and larry its all up to you..

It might be prudent to think about the same issue from a different angle. Aren't the US government using the medical examination as one step in controlling who they let in to their country? Foreign nationals do not have a right to be let into the US. The medical examination is one step in protecting the USC and the US at large. Significant lies (such as the ones you are implying are acceptable) mean that the US authorities do not have all requested information to make an informed decision.

I did declare that I been arrested in an offence relating to alcohol in the medical examination. While I appreciated the potential repurcussions this could have on my case, I felt it was important to be honest - I wouldn't want to feel like I had entered the US under a cloud.

As for the particular case you mention above, the lady in question did tell the truth in the medical examination. She gave the US governement the facts they requested and they made an informed decision.

We have come to the point in our country where many decisions made by it's citizen are judged by the Government and accepted or rejected.

No one is perfect, we all have our faults. Some of us or most of us have used drugs or became intoxicated and acted foolish in our past and yes we still live in this great country. I am not an advocate of big governement and I find it offensive that the goverment forces itself into the decisions of it's citizens in reguards to their choice of companions.

What happened to the ability of the USC to seek happiness? Apparently when it comes to choosing it's companion, we have no choice in the matter! Tell a Man he is not able to marry the woman he loves, what do you suppose will be his attitude, is that in his best interest? A man can be foolish in choosing his compannion, it's his choice, We will never have a perfect society, our country will never have perfect citizens. I say that it's better to let the USC choose his companion and work it out as he sees fit.

Love is not to be dictated by Government, it is not to be touched by government. Just my opinion!

My views may not be compatible to everyone here, but what if it wass your fiance, your spouse or your children that was not allowed here and you knew that they had the best intentions, maybe you would view this from a different perspective. Unfortunately these views are reduced to broken lives and split families, there is nothing a single citizen can do about it, the govt is way to large now and really does not care. Try calling any Service Center and tell me if you will find a compassionate and caring individual.

Ken & Marife

12/30/2005 Visited Philippines for a Friends wedding and met Marife

06/04/2006 Made another trip to see my beautiful Marife!

01/27/2007 Visited Marife.....Proposed and she said YES!!

04/28/2007 Sent I-129F to TSC.....and the VJ begins

05/08/2007 Received NOA1 From CSC

09/10/2007 K1 Petition Approved!!!!

09/11/2007 (NOA2) K1 Petition Approval Received via email!!!

09/14/2007 (NOA2) K1 Petition Approval Received via postal mail!!!

10/24/2007 NVC Received Petition!!

10/26/2007 NVC Sent Petition to USE in Manila

11/07/2007 Medical Exam and Interview Date listed at Embassy Website

11/28/2007 St Lukes Medical Exam

12/05/2007 Interview with Consolate Officer at USE in Manila(Approved!!!)

12/26/2007 Visa Delivered by Delbros

02/04/2008 Arrived in U.S.

02/14/2008 Married on Valentines Day!!

02/25/2009 Mailed AOS Application

03/04/2009 Case Transfered to CSC

03/27/2009 Biometrics

05/01/2009 Received Approval/Welcome letter

05/02/2009 RECEIVED GREEN CARD!!!! by mail.

Filed: Timeline
Posted
What is acceptable to answer yes to in the Medical Questionaire that would not trigger an automatic Denial at the Inteview?

we all know that honesty is the best policy.. but if you read what happened to jen and larry its all up to you..

It might be prudent to think about the same issue from a different angle. Aren't the US government using the medical examination as one step in controlling who they let in to their country? Foreign nationals do not have a right to be let into the US. The medical examination is one step in protecting the USC and the US at large. Significant lies (such as the ones you are implying are acceptable) mean that the US authorities do not have all requested information to make an informed decision.

I did declare that I been arrested in an offence relating to alcohol in the medical examination. While I appreciated the potential repurcussions this could have on my case, I felt it was important to be honest - I wouldn't want to feel like I had entered the US under a cloud.

As for the particular case you mention above, the lady in question did tell the truth in the medical examination. She gave the US governement the facts they requested and they made an informed decision.

We have come to the point in our country where many decisions made by it's citizen are judged by the Government and accepted or rejected.

No one is perfect, we all have our faults. Some of us or most of us have used drugs or became intoxicated and acted foolish in our past and yes we still live in this great country. I am not an advocate of big governement and I find it offensive that the goverment forces itself into the decisions of it's citizens in reguards to their choice of companions.

What happened to the ability of the USC to seek happiness? Apparently when it comes to choosing it's companion, we have no choice in the matter! Tell a Man he is not able to marry the woman he loves, what do you suppose will be his attitude, is that in his best interest? A man can be foolish in choosing his compannion, it's his choice, We will never have a perfect society, our country will never have perfect citizens. I say that it's better to let the USC choose his companion and work it out as he sees fit.

Love is not to be dictated by Government, it is not to be touched by government. Just my opinion!

My views may not be compatible to everyone here, but what if it wass your fiance, your spouse or your children that was not allowed here and you knew that they had the best intentions, maybe you would view this from a different perspective. Unfortunately these views are reduced to broken lives and split families, there is nothing a single citizen can do about it, the govt is way to large now and really does not care. Try calling any Service Center and tell me if you will find a compassionate and caring individual.

Ken & Marife

So what's your point? Are you saying something about the methodology of the answering of questions in a USCIS-requested medical examination or trying to open up an entire debate on the theories of political philosophy?

"One person with a belief is equal to a force of 99 who have only interests."

John Stuart Mill

 
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