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!!

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.

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.

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

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?

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!

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

This is your brain on drugs

everybody knows already that its bad to do drugs, but if someone had used it just like in this case jen and she has her reasons, acceptable enough or not, it is not worth disclosing it and have all your american dreams fall apart, we are all on the same boat here and we know how hard it is being apart from our loved ones and we should do whatever it takes, even a little white lie just to make our dreams a reality..

According to the TOS for this site:

you will not: ... Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.


Recommending that anyone lie to obtain the visa violates this term of service.

You are so crazy... Hehehehe!!!

this is one of those decisions in your life that only you can make...

It's not just 'bad', it is also 'illegal'. Her reasons aren't really what's in question here.

I'm glad that the OP's fiancée has a better concept of honesty than you seem to.

2 years???????? Don't believe everything you hear.

Wow thats really sad and I hope you find a solution to this soon.

I understand she was just trying to be honest, and in most cases honesty is the best policy, but in this case it's not. Even on job applications, one should answer no to drug usage. Unless you are using at the moment or an addict, then its really no ones business.

According to the TOS for this site:

you will not: ... Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.


Recommending that anyone lie to obtain the visa violates this term of service.

Oh well I didnt mean it to sound the way you put it out. But I have read posts before mine that have people sayiing: "Just say no on your questionnaire"

Sorry.

... and they too were in violation of the TOS

Oh well we can't all be perfect I guess.


Didn't mean to violate the TOS...was just stating how honesty sometimes can get people nowhere.

I'm not sure "just saying NO" rises to the level of "condoning or instruction . . . others on how to commit fraudulent or illegal immigration activities. . . " Especially in the context of this entire thead.

What do you consider suggesting material misrepresentation to rise to the level of?

How else would you interpret what has become the content of this thread?

Exactly! Some have described it as a "white lie". I would consider a simple misrepresentation something close to a "white lie"--where the truth is not told, but the benefit would have been granted even had the truth been known. Material Misrepresentation is a severe matter. In the case of material misrepresentation, the benefit or service would not have been granted had the truth been known. There are severe penalties associated with it--even to the extent of revoking citizenship if it can be shown that there was any material misrepresentation at any point leading to that citizenship.

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.

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.

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.



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

I agree.

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

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.

same her, larry...






sane here larry...

Thats really sad. Sorry to hear that.

2006 was only last year though.

I hope you can get through this.

Good luck.

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.

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....

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!

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.

Ooooppps sorry for my question... I wasnt been able to read the full topic and reacted fastly... Now, I know that it was the shabu... Sorry ... Don't lose hope ok. Goodluck.

Sorry to hear about your situation. My fiance recently told me she was arrested for drugs when she was younger in thailand. She is very worried that she will be denied her visa as well. She is trying to find an answer to help her get thru the process. I really want her here with me and will do whatever i can.

Sorry to hear that but sometimes honesty won't make you any good. I just wished she never been that truthful.
I dont want to discourage you but if its really about drugs that would be hard to fix it anymore even though you tell them you have have using it 20 yrs ago.
I don't know why but thats the way it is especially in the Philippines.

Hi larry..
Im so sorry about this.. to tell you honestly I felt bad too when I saw this post. I will just want to share to you, what I’ve seen in the show “CITIZEN PINOY” by ATTY. MICHAEL GURFINKEL. There’s one Filipino-American whose working in the US for 10 years. He send an application for a petition of his wife. When his wife was interviewed in the USEmbassy, she admitted that she used drugs 10 years ago. At that moment, she was denied.
This Fil-AM Man, went to the show CITIZEN PINOY and personally asked Atty. Michael Gurfinkel about his case. Atty. Michael, said there’s no way to appeal since its Drug Issue.

Anyway, I don’t want you to feel more bad Larry.. Try to check some legal assistance regarding this matter.

I’m really sorry about this.
alexandra

Thats exactly what i am saying since it is a Drug Issue and a country like Philippines.

Thats exactly what I mean to say. I am also watching Citizen Pinoy and I like Atty. Gurfinkel He is the kind of lawyer that would always tells you the chances right from the beginning.

im so sorry for you guys...sad to say but i read that it will be a lifetime ban for her.....whatever happen you should not admit that especially if it was years ago coz they'll not detect that anymore at your blood only if u admit that u did

Go get married in another country. Maybe its too late now since Manila already denied the visa, but I'd investigate the possibility.

A K-3 marriage visa will process at the country where you get married, not in Manila. Flights to Hong Kong are cheap and short from Manila and she doesn't need a visa for short stays. She would only have to go twice, once for the medical and once for the interview.

I think USCIS will retain a record of the petition. If they applied again it will come up in their computer records.

Raquel_1208, I think you are correct.

We're denied, too. Just this month. But it's not hard for us 'coz we haven't processed any papers yet before we got denied. It's ok. There's still hope. Don't give up. Believe in ur love w/ each other. We can do it