Husband Admitted to Marijuana Use in Medical Exam ADVICE AND EXPERIENCES PLEASE!!!

[throwaway123 0]

Hello,

So we just had our interview yesterday, and everything was great everyone was super nice, and they basically told us that we just needed to get his medical exam in and he would be given the visa.

However my husband admitted in his medical exam that he had in his life smoked marijuana before. Not thinking, just being honest. So then the dr made him take a drug test. He has smoked casually here or there a few times in the past few months, and we are worried that he will test positive. However he doesn't have a problem with drugs AT ALL:

What do you think will happen? What would you recommend? Should we risk opening the envlope to see if he passed or failed? Should we be honest with the embassy? We are moving to CO where marijuana is legal, you can get it delivered to your house like pizza. We are pretty nervous and not sure what to do. Could we ask the Dr. if she failed him or isn't recommending him the visa? Get another medical exam from another dr.? Please help! Thanks!

[apple21 953]

I think he will get a one (1) year ban.

[throwaway123 0]

OMG we are freaking out! That is so stupid. Why are they like that? He can't just retake the drug test? What if we get another medical exam from another dr.?

[lost_at_sea 995]

If the doctor believes there is a history of drug abuse, the common outcome is the person must participate in regular drug tests for 1 year and show clean throughout. It being legal in CO is irrelevant, as that's a state-level decision and immigration is done at the federal level, where drug abuse is still a reason for possible visa inadmissibility.

You cannot simply go to another doctor - what would he do in that situation? Lie to a different doctor? No can do.

Are you returning to the embassy for a second interview?

[Merrytooth 5,748]

Recent similar case:

http://www.visajourney.com/forums/topic/454983-refused/

Edited September 25, 2013 by Merrytooth

[throwaway123 0]

Why can't we just go to another dr? No we weren't asked to come in for a second interview, they just told us to send in the missing paperwork via DHL.

[lost_at_sea 995]

Why can't we just go to another dr? No we weren't asked to come in for a second interview, they just told us to send in the missing paperwork via DHL.

What would happen with the second doctor that would be different to the first? You have his medical results - mail them in ASAP.

Edited September 25, 2013 by lost_at_sea

[throwaway123 0]

Yeah if we went to another dr they would say have you smoked bla bla bla and he could just say no. Never in my whole life. Then they wouldn't have a reason to drug test him. That is the only reason they gave him a drug test in the medical exam because he admitted to having used the Mary Jane.

Edited September 25, 2013 by throwaway123

[lost_at_sea 995]

Yeah if we went to another dr they would say have you smoked bla bla bla and he could just say no. Never in my whole life. they they wouldn't have a reason to drug test him.

Which would be lying. Good luck with that train!

[throwaway123 0]

God I feel so broken hearted. I guess there is a 95% chance at least that he will be denied. Where does honesty get you in this world? You honestly think that all the people they have given visas to have never done drugs?! Such a crock. He didn't even think about it. In Peru it's legal to some and have less than an ounce on you, they only prosecute if you're trying to sell it. He says his thought process was, I am an adult I am married what reason do I have to lie? All that money, all that time, and all that engery and hopefulness gone.

Do you think there is anyway we could possibly defend ourselfs? What about a lawyer?

Edited September 26, 2013 by throwaway123

[throwaway123 0]

Recent similar case:

http://www.visajourney.com/forums/topic/454983-refused/

Yeah but almost all of the cases I've read about here were fiancé visas. Do you think it makes a difference that we've already been married for almost 1 year?

[myasar 0]

Hi guys. Do you know anyone who got their visa in less than a year after she/he was told by the doctor (panel physician) that she/he failed the drug test and would have to be retested in every three months.

Is "one year" a minimum for sure?

[lost_at_sea 995]

Hi guys. Do you know anyone who got their visa in less than a year after she/he was told by the doctor (panel physician) that she/he failed the drug test and would have to be retested in every three months.

Is "one year" a minimum for sure?

For sure if your test comes back on drugs. If clean, then it varies (admittance may be enough to trigger a year's testing).

[NigeriaorBust 4,087]

Just a few years ago it was a lifetime ban so they are getting better. You aren't denied , the visa should be issued after he passes drug testing. Many doctors electronically send the results in the hard copy is just a formality. Going else where could earn you a permanent ban for misrepresentation ( lying about the drug use )

[myasar 0]

For sure if your test comes back on drugs. If clean, then it varies (admittance may be enough to trigger a year's testing).

Thanks, lost_at_sea, for the answer..

I tested positive for marijuana at the medical (which was after my interview as I was sent to the panel physician because of a DUI that I got three years ago- other than that my interview went very well and the CO told me that I shouldn't worry about seeing the doc too much and that it is a standard procedure for applicants with DUI history- of course neither she nor I knew about what was coming) and the doc told me that I will retake the test in every three months.

I haven't heard anything from the consulate about where the my application stands as of today (it has been four months and I have already retested once after the initial one) and I can do check the status my application status online, which says that the application is "undergoing necessary administrative processing". So the application is not denied, I guess.. But I am still not sure if I have to file a new application (I cannot ask these questions to the doctor as I don't see him, I can only contact his assistant who schedules the urine test) or in what level the consulate had been informed by the doctor about my situation. Perhaps my application is undergoing administrative processing as the consulate still haven't heard from the doctor (which doesn't make much sense) or what?? It is crazy! I am just going crazy with all these.. And need to go back asap as my boss is going to fire me probably soon if I cannot go back before long..

Thanks..