My finacee was denied her visa today. At her medical they asked about drug use and she said she took some kind of drug 4 years ago to get thu a rough time in her life and she was denied her visa because of it. Any thing I can do to fix this and get her to us? I have never felt so bad in my life, all my hopes and dreams are gone.

Im sorry to hear that, she should not have admitted it, I don't know if there are any possible way to fix this...on my case I even asked the forum if I need to admit that I have allergies, cause Im to scared what would be the outcome..there are some tips also if she read what are the reasons of denial here....hope there are possible ways...

I'm sorry to hear what happened. You may need to talk to an immigration attorney or apply for a waiver or something like that.

Here is a link for an appeal process that I found

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You/she are up the "famous creek" with a chop stick for a paddle!
Either move there or help her out as much as you can by setting her up in a business and both of you move on!
Yeah sounds cruel but there's not much chance of reversing the decision.

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

P.S.
if that link didnt work out, try this http://www.gurfinkel.com/press_release/200...y15-2005_2.html

Hi Larry, I felt heart broken when I read you post. I have been anticipating this interview with a certain excitement because I expect Jenn and Emma to develop a close friendship while here in the U.S.

Nothing is lost, only your options have changed. You actually have 2 choices to make and they will be tough for you, they will sure enough change your life. Either move there with her or Support her and visit her on a regular basis. I hope you can come to a quick decision and not lose hope. This girl needs you and I know you love her so good luck and don't let go.

Ken & Marife

She has her passport, any chance of a tourist visa and then marry here? Or work visa and never go back? Please I need help so bad, I feel like my likfe is ruined.

Larry I woke up this morning to look to see what happend in Jen interview I was not thinking that I would see this kind of post. I am going to be real with you I have played out in my mind would I ever move to the Philippines, and I said I would but first I would have to know would I be willing to give up my family here in the US kids and everything to be with my sweetheart. My plan would be to try to live 6 months here and 6 months there Jen can apply for you to on a fiance visa in the Philippines. Some our saying there are millions of Gals there try it over with someone new this is always an easy option. But you picked Jen and fell in love with her. Ok I would work for a year or two here save up as much money as I could open up a business there in the Philippines, and Purchase a nice home there and marry my love.

Did she tell you about this before the medical exam? and if not you have to wonder If you actually know everything about her that you thought, and I would have to find out from her are there any other secrets before I would move there. If you knew about it before hand you could have posted the question here and got some advise what she should say on the Medical exam. Anyways Larry I hope you will be ok buddy this is sad news to hear. Hey email me if you want I will give you my personal number offline.

I don't know if going to another country is an option like Singapore and Hong Kong and get marry there, going to Turks and Caicos Island also is one if she can work there for 1 year and she can get a tourist visa after going to US.... thats what my neighbor did and she went to US for a tour with her boss and I think that would give her a chance...

m just curious. what should have she told the doctor on her medical? is it better if she didnt admit that she used drugs before?

if she didnt admit it, would they not see it on her blood?

I am so sorry to hear this. I know how depressing this is. You could start checking other options.

Was she given any sort of form after the interview? If so, what did it say?

as what ive heard from the people i knew...they didnt admit their previous drugs experience specially when dealing with USEMbassy.
Trace of drugs depends on the degree of usage..though mostly i heard that after 2 years it can't be traced already..

At the end of her interview she was told that she was denied. Jennifer asked if theres any thing she can do to fix it and they said no. They gave her back everything, all the papers I submitted. Why she told is because she said she wanted to be honest. All her test's passed.

Wow, sorry to hear this. I think you can get it waived but have to do a drug program. I know there were others on VJ that had similiar problems. Was there also a three year ban?

it can be waived? how? where?

im really so sorry to hear this. this was so shocking... i knew drug use is a no no to the embassy even it was 10 yrs ago or a month ago. no difference. iver read in the old furom before and no matter how they waived or asking somebody's help, its still the same. denied because of using drugs... this is one of the questions that wasnt being ask or not a popular question, so a lot vj family out there doesnt know... i know its too late now but for future references never admit (i know lying is bad) that you have use a certain type of prohibited drugs either to ease your stress/problems or just back in teen-age life... i really hope there's still a glimmer of chance for Jen and Larry for you guys deserve to be happy... God bless

Alcohol & drug abuse/use come with a ban. Three years, after which you can refile and have proof of sober living in those years. No way around it, be strong and good luck.
Peace, L.



Oh, and no, there is no waiver as drug/alcohol abuse falls within the categories of inadmissibility. Sorry.

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.

sorry to hear this but this case fall under visa denial.

QUOTE(Jen and Larry @ Sep 3 2007, 10:29 PM)

My finacee was denied her visa today. At her medical they asked about drug use and she said she took some kind of drug 4 years ago to get thu a rough time in her life and she was denied her visa because of it. Any thing I can do to fix this and get her to us? I have never felt so bad in my life, all my hopes and dreams are gone.

I'm sorry to hear about your case. Admission of having used any illegal drugs is a reason for visa denial , even if it had been years ago. And this is one of those cases that have no waiver.

Section 212(a) of the Immigration and Nationality Act reads:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States...

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

You don't even have to be an addict to be denied. They have a broad meaning of being a drug abuser and you don't have to be an "addict" per se to be denied. An applicant (almost 60 years of age) being petitioned by his son was denied visa (and banned for life to enter U.S.) because he admitted that he had used marijuana once when he was 18-years of age. This case was also a topic of discussion with Atty. Garfunkil and unfortunately Atty. Garfunkil said he cannot do anything about it since this case have no "waiver".

My friend's cousin was denied visa (banned to enter US for life) because he also admitted of using drugs when he was a teenager. All his family is in the US now, except him and that is just so sad, because of a single mistake out of curiosity and using drugs will end up like this.

In your case, since there is no waiver for such type of visa ineligibilities, both of you have to make compromise on what you will have to do now for your relationship. I know it is hard for her now, being down and low and she needed you now more than ever to be by her side to console her. Think of other possibilities, what both of you can do? Like what others said, will you be willing to stay in the Philippines and be with her? Leave your family in the US and be with her? Adjust your time to spend some months in the US and some months in the Philippines? These are just some questions that only you can decide.

QUOTE(ryza @ Sep 4 2007, 07:29 AM)

m just curious. what should have she told the doctor on her medical? is it better if she didnt admit that she used drugs before?

if she didnt admit it, would they not see it on her blood?

This has been asked in the other forum (Pinoyinfo) and I had recommended them, that although telling the truth and being honest is the best thing but with regards to admitting using illegal drugs, I would recommend that they just say "NO". Specially if it had been years ago. It will not show up in the urinalysis or blood exam that they do at SLEC. They will only know if you tell and divulge the info.

Drug use is a visa ineligibility for which there is no waiver.

There is NO lifetime ban.

The only current lifetime ban is for people who falsely claim to be US citizens.

The OP should obviously consult a qualified attorney for direction on the appropriate next steps.

Do you think a imagration attorney canm help, one from pi or usa? How about a k-3 visa if I travel there again and we marry. Please, I need advise.

Any other visa will face the same denial - they already have the information from this denial - it doesn't go away.

You first need to know if the finding is illegal since the law states "drug use in the prior THREE years".

Then you need to know how to proceed.

If it is legal, you need to know what is required in the future i.e. proof of rehab, etc. and how to keep the approved petition alive at the consulate so she can re-interview in three yeas.

I would suggest a consult with a qualifed, experienced attorney in the US - you are dealing with US law.

Try Laurel Scott - www.visacentral.net or Heather Poole http://www.humanrightsattorney.com/sub/con...E2966F9B62306BD

I would not waste any time -- they sooner you get professional, qualified legal guidance, the sooner you will know what next steps are required.

oh my! during my interview, i met somebody who were denied also. she took drugs about 10 years ago. she regretted she admitted that she took drugs during her medical.

I find this whole ordeal so wrong. When I joined the Military, U.S. Navy, I had many friends that were asked a few questions concerning the use of drugs. As a teenager, many did try Marijuana and admitted it. They were given a waiver and then issued the highest clearance available. They were given access to the most sensitive information our government and military had. To this day they are not allowed to visit countries such as Russia or China.

Now can someone tell me where the justification is? If they can be granted a waiver and be given access to such sensitive areas of our country, surely a couple that is in love, with no intended malice, should be able to fullfil their dreams and live their life in happiness. Otherswise the American dream is dead!!

I know it's not helpful, just voicing my opinion.

Ken & Marife

This is such a sad story. she felt she was doing the right thing by being honest about drug use in the past. now the consequences of her admission is having a devastating effect on their lifes. not to be lost in all of this is she has a 3 year old son.
I wish you well in the decisions you will need to make in this most difficult of times.

Excellent point. Unless she had criminal record of drug abuse, there'd be no reason to disclose drug use history during the medical. Was this topic not discussed between the two of you beforehand?

She used some drugs in the past to get through a rough time. Did she mention what kind of drugs? Could they have been legal drugs as in anti-depressants? Something to look in to unless you already know what she was using.

Now that is an excellent point. The OP doesn't state what drug she was taking 4 years ago. Could it have been a prescription drug or could she have been under doctors care?

Me's thinking that the doctor at the medical examnination thought to clarify which drug was being referred to.

I did not know about this until last night when she called me upset about being denied. She said its called "shabu". She did it 4 times 4 years ago I guess and that what she told the interviewer. She has no crimmanal record, has never been arrested. She just told the truth and now will pay for it the rest of her life as well as her sons and mine. I am going to try and get her approved but dont know if there is a chance. I feel like my life has been taken way from me. Jennifer was and is my soul mate. I will fight for her.

SPEED

Very sad to hear. Could you move to the Philipines, or both agree to move to a neutral country?

SHABU( methamphetamine hydrochloride)??? oh my that's the WORST common drug in phil. its like a crsytal/salty like powder where you sniff (what ive seen on tv anyways) that's not really a good news if she admited that during her med... im not rubbing it on you but for now we really need a big hope for this. i wish somebody like a lawyer can help you with this prob or consider live in phil for her or for your future family... God will make a way... our prayers are with you. be strong to you both...

Why can't you move there?

Not much you can do. Shabu [crystal meth] use is one of the worst drugs she could have admitted using.

Runs second to Heroin use.

I'm sorry to say this, but it'd be best to be pragmatic about it. A lot of relationships never pan out for one reason or another. Unless there's a chance to appeal the decision, there's nothing you can do short of moving to the PI.

Was she denied at the interview or was she told up front during the medical once she admitted to drug use? It would seem odd to proceed with an interview if the past drug use were the only deciding factor. There could be other factors that contributed to the denial.

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[font="Century Gothic"]I am sorry to hear the bad news.I am actually following those members that will be interviewed soon or this month and coming months. I've heard that traces of drug abuse for many years will no longer present in blood tests.If she passed the exam, things will be better if she didnt answer. I asked a friend who had her medical experienced before and told me it was in the questionnaire. just answer yes or no.
anyway, no one is to blame now.Maybe if you can have a job in other countries and bring her there and marry, and start a life, then in years hopefully she can enter US. At least from what i only think.

A favor, hopefully could you possibly share some question from the CO of USEM.
thank you very much and will appreciate it.

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

I thought that 'drug abuse' could only be a finding for inadmissibility if the incident was in the previous three years?

technically st luke's cant decide whether one will be denied for using prohibited drugs (its not up to them), but they will surely write it down for the embassy to decide. knowing even st luke's couldnt justify whether its true or not from their test alone but by the person's admission. so unless if its another medical issue like contagious/viral illness/sickness, then st luke's can go another test or steps before going to the interview, but otherwise when it comes to drugs, it all go straight to the embassy... (my knowing)

this post put me awake until 2am ..i feel so sorry for jen & larry..
i hope you guys find ways...


regards,
alexandra

Maybe waived wasn't a good choice of words. I think someone else's fiance had to do a drug program before they could apply again but there was still the issue of being banned.

I really feel bad reading this post, moreso to think that it's even more saddening that the admission of her drug use four years ago will put her life into hold, possibly be banned to coming to the US to make a change on her life.

The use of shabu in the Philippines could be an "automatic denial of visa issuance" due to a drug use which is considered to be one of well-known highly additive drugs in the country. A good lawyer plus prayers will be your only hope, unless you move to Philippines with her.

Wish you luck!

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.

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!

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.

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.