Jump to content
Sign in to follow this  
alk624

Advisory Opinion

4 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Mexico
Timeline

I was wondering if anyone has ever requested an advisory opnion after the denial of a K-1 visa and how you go about requesting an advisory opinion. My fiance had his interview in Mexico and admitted to occasional marijuana use and I have been hearing that this is not by definition, drug abuse/addiction, but thats the reason it was denied for one year. I heard that there is a challenge process and you can request an advisory opnion. Anyone know about this??

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Brazil
Timeline

I was wondering if anyone has ever requested an advisory opnion after the denial of a K-1 visa and how you go about requesting an advisory opinion. My fiance had his interview in Mexico and admitted to occasional marijuana use and I have been hearing that this is not by definition, drug abuse/addiction, but thats the reason it was denied for one year. I heard that there is a challenge process and you can request an advisory opnion. Anyone know about this??

Misuse of drugs, any type whether legal or illegal is drug abuse.

------

According to State Dept.:

(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.

------

Section 212(a)(1)(A)(iv)of the Immigration and Nationality Act. This law states that anyone who is found to be a drug abuser or drug addict is inadmissible to the United States. Drug abuse is defined as the non-medical use of a substance listed in section 202 of the Controlled Substances Act.

While he did the right thing admitting to his use of marijuana, the Consulate had to follow regulations.

Sorry that this happened :(.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...