LIFETIME BAN FOR ADMITTING DRUG USE AT ST. LUKE'S

[RandyandRina 2]

Dear Atty. Gurfinkel:

I am a U.S. citizen, and petitioned my husband in the Philippines. When he went to St. Luke's for his medical exam, the doctors asked him if he had ever smoked marijuana in his life. Although he is now in his mid-40s, he told the doctor that back when he was 18, he smoked marijuana a couple of times, but that was it.

When he went for his visa interview, the Consul told him he was banned for life, because he admitted that he had used drugs. Is there any hope that my husband can join me and our children in America?

Very truly yours,

RH

Dear RH:

Unfortunately, if a person admits to ever having taken drugs, even smoking marijuana decades ago, they could be banned for life. Unless and until there are changes in U.S. immigration laws, admitting drug use, even to the doctors at St. Luke's, could result in a lifetime ban.

Read more here: http://www.gurfinkel.com/immigration_updat...dec31-2006.html

[Jasman0717 9]

I thought I read somewhere that if the beneficiary went through a drug program they could qualify again.

[RandyandRina 2]

I would like to think that it's acceptable, but after reading this I was heartbroken

I thought I read somewhere that if the beneficiary went through a drug program they could qualify again.

[Sheriff Uling 3]

What's the moral of this story? Hmmmmm....

[RonMay 1]

What's the moral of this story? Hmmmmm....

honesty is not always the best policy?

i dont know

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

What a stupid policy.

[Bill B 0]

From the U.S. Department of State Foreign Affairs Manual Volume 9 – Visas

Without knowing the exact details of what the person said to the examiner, we cannot tell for sure if it is ground for ineligibility but if it is as you say here I would get a different attorney and point out the extracts below.

9 FAM 40.11 N9.3 Nonmedical Drug Use

(TL:VISA-189; 04-22-1999)

Nonmedical use is considered to be more than experimentation with the

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

substances). A panel physician should consult with a physician with

experience in the medical evaluation of substance abusers in making the

determination as to whether the use was experimental or part of a pattern of

abuse. Experimentation with any of the drugs listed in this paragraph would

not be considered a ground of ineligibility.

9 FAM 40.11 N9.4 Finding of Remission

(TL:VISA-189; 04-22-1999)

An alien in remission, is not ineligible to receive a visa, if the panel physician

finds the alien to be in a "Class-B" status.

9 FAM 40.11 N9.5 Determining “Class A” or “Class

B” Status

(TL:VISA-189; 04-22-1999)

a. A determination of “Class A” or “Class B” status should be rendered in the

same way as a determination of any other mental or physical disorder

under the provisions of INA 212(a)(1)(A)(iii).

b. In a “Class A” condition, which would include nonmedical use of a

substance listed in section 202 of the Controlled Substance Act (such as

amphetamines, cannabinoids, cocaine and related substances, etc.), the

panel physician must determine whether the applicant:

(1) Is currently using or has used a psychoactive substance within the

last 3 years, or

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 40.11 Notes Page 16 of 18

(2) Is or has abused a psychoactive substance other than those listed

in section 202 within the last 2 years.

c. In a “Class B” condition, the panel physician need only to determine:

(1) No nonmedical use of a substance listed in section 202 of the

Controlled Substances Act in the last three years, or

(2) No abuse of a psychoactive substance other than those listed in

section 202 of that act in the last two years.

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

B)-->

QUOTE(Bill B @ Nov 2 2007, 05:13 PM) <{POST_SNAPBACK}>

From the U.S. Department of State Foreign Affairs Manual Volume 9 – Visas

Without knowing the exact details of what the person said to the examiner, we cannot tell for sure if it is ground for ineligibility but if it is as you say here I would get a different attorney and point out the extracts below.

9 FAM 40.11 N9.3 Nonmedical Drug Use

(TL:VISA-189; 04-22-1999)

Nonmedical use is considered to be more than experimentation with the

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

substances). A panel physician should consult with a physician with

experience in the medical evaluation of substance abusers in making the

determination as to whether the use was experimental or part of a pattern of

abuse. Experimentation with any of the drugs listed in this paragraph would

not be considered a ground of ineligibility.

9 FAM 40.11 N9.4 Finding of Remission

(TL:VISA-189; 04-22-1999)

An alien in remission, is not ineligible to receive a visa, if the panel physician

finds the alien to be in a "Class-B" status.

9 FAM 40.11 N9.5 Determining “Class A” or “Class

B” Status

(TL:VISA-189; 04-22-1999)

a. A determination of “Class A” or “Class B” status should be rendered in the

same way as a determination of any other mental or physical disorder

under the provisions of INA 212(a)(1)(A)(iii).

b. In a “Class A” condition, which would include nonmedical use of a

substance listed in section 202 of the Controlled Substance Act (such as

amphetamines, cannabinoids, cocaine and related substances, etc.), the

panel physician must determine whether the applicant:

(1) Is currently using or has used a psychoactive substance within the

last 3 years, or

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 40.11 Notes Page 16 of 18

(2) Is or has abused a psychoactive substance other than those listed

in section 202 within the last 2 years.

c. In a “Class B” condition, the panel physician need only to determine:

(1) No nonmedical use of a substance listed in section 202 of the

Controlled Substances Act in the last three years, or

(2) No abuse of a psychoactive substance other than those listed in

section 202 of that act in the last two years.

Now that makes a hell of a lot more sense. Thanks for the good info.

[Sheriff Uling 3]

What's the moral of this story? Hmmmmm....

honesty is not always the best policy?

i dont know

Hey, I guess that "I didn't inhale" line that the politicians use would not work in this case. Whoever said that honesty is always the best policy was obviously NOT a petitioner of an alien fiance(e). On the record, do whatever is right for your moral compass. Off the record, WHITE LIE YOUR LITTLE ####### OFF. True love must prevail...

Cheers!!!

Sheriff Uling

Edited November 3, 2007 by Sheriff Uling

[archie07 0]

What's the moral of this story? Hmmmmm....

honesty is not always the best policy?

i dont know

I'm getting old and can't remember but I think it has something to do with Lips and Ships!

[sunandmoon 450]

What's the moral of this story? Hmmmmm....

honesty is not always the best policy?

i dont know

I'm getting old and can't remember but I think it has something to do with Lips and Ships!

Loose Lips Sink Ships. does this mean we should think of St Lukes, The Embassy and USCIS as the enemy?

http://www.phrases.org.uk/meanings/237250.html

[RandyandRina 2]

No, that's not true....

What's the moral of this story? Hmmmmm....

honesty is not always the best policy?

i dont know

I'm getting old and can't remember but I think it has something to do with Lips and Ships!

Loose Lips Sink Ships. does this mean we should think of St Lukes, The Embassy and USCIS as the enemy?

http://www.phrases.org.uk/meanings/237250.html

[Welshcookie 17]

yeh....of course....honesty is the best policy..............always........even if it happened many, many years ago and there is no proof that incident ever happened.....it is always best to come clean..........

Anyway, I hope your situation resolves itself

[archie07 0]

What's the moral of this story? Hmmmmm....

honesty is not always the best policy?

i dont know

I'm getting old and can't remember but I think it has something to do with Lips and Ships!

Loose Lips Sink Ships. does this mean we should think of St Lukes, The Embassy and USCIS as the enemy?

http://www.phrases.org.uk/meanings/237250.html

Not in my book. Then again, we're honest and don't take drugs

[sunandmoon 450]

yeh....of course....honesty is the best policy..............always........even if it happened many, many years ago and there is no proof that incident ever happened.....it is always best to come clean..........

Anyway, I hope your situation resolves itself

even if it means being denied a visa or lifetime ban.? that's a question each individual or couple will have to decide for themselves.

Edited November 3, 2007 by Roy and Yazi