Advisory Opinion

[alk624 0]

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??

[ATPEACE 43]

Wait out the one year, and if his petition is still active, just request a new interview after a year. They could have banned him for life, so be glad for the 1 year. He did admit usage.

[Blob18 111]

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.

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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.

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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 .

[Sweetcheeksss 91]

Advisory opinions can only be requested by attorneys.