Drug Test at Medical

[GSN2014 0]

My husband (beneficiary) will be interviewing next month in Senegal with my stepson and I am worried about the medical test. I had thought it was only testing for certain diseases and then recently I saw mention of drug tests somewhere on VJ. I've searched around a bit and see that drug tests aren't standard but can be performed. My husband does smoke weed. Obviously he won't be smoking for the next month, but I don't think that's enough time for the drugs to be completely out of his system.

Does anyone who has interviewed in Senegal (or anywhere) have any experience with this?

I saw that if he were to test positive, it would likely result in having to wait a year and take drug tests for that year. If that were to happen, would my stepson's visa be denied as well or could he be accepted without his father (who could then join us a year later)?

I just want to see my husband and stepson again.

[AnnaMaria 68]

He was still doing drugs throughout your immigration process????

Well, yes, one of the questions is "Have you ever used or abused drugs" and depending on your medical examiner, they probably have the option to test your husband if they find reason to. If he lies, and it comes to find that he has been using them. Well that will probably cause misrepresentation.

If he says yes that he has used them, to my understanding he will get a six month or one year ban pending medical clearance.

Someone else will have to answer about the stepson issue, I don't have a clue.

Edit : You might want to talk to him about getting some kind of rehabilitation for drug use. I'm not one to tell anyone what to do with their bodies, even though I strongly disagree with drug use. However, the U.S. is not very kind to drug offenders and if he gets caught using them in the states, you'll be missing him a lot more where he will be going.

Edited September 21, 2014 by AnnaMaria

[canadian_wife 1,791]

How does he plan to answer the drug question? That is a pretty standard question in the medical - I remember I was asked. If he lies, that is a HUGE deal.

PS - why is he still doing it through the process?

good luck

[GSN2014 0]

Thanks for your replies.

Can anyone shed some light on the question about my stepson's visa? If my husband's visa was denied because of a drug test, would my stepson's visa be denied with it?

[d3adc0d3 186]

He was still doing drugs throughout your immigration process????

Well, yes, one of the questions is "Have you ever used or abused drugs" and depending on your medical examiner, they probably have the option to test your husband if they find reason to. If he lies, and it comes to find that he has been using them. Well that will probably cause misrepresentation.

If he says yes that he has used them, to my understanding he will get a six month or one year ban pending medical clearance.

Someone else will have to answer about the stepson issue, I don't have a clue.

Edit : You might want to talk to him about getting some kind of rehabilitation for drug use. I'm not one to tell anyone what to do with their bodies, even though I strongly disagree with drug use. However, the U.S. is not very kind to drug offenders and if he gets caught using them in the states, you'll be missing him a lot more where he will be going.

Marijuana has been decriminalized in many US states, the petitioner is aware of her fiance's habit and is accepting of it. Many people use it medically (fibromyalgia, cancer, migraine, MS, and other people suffering from diseases which cause pain). Not all people who use them need rehabilitation, although if this was an issue with say Heroin, or Cocaine, I'd entirely agree with you. We also do not know if Marijuana is legal in the beneficiary's country. Many countries it is legal, and he may be concerned about the process where it acceptable and legal in his own. May not have even considered it, as it's not something he'd normally have to consider!

OP:

If your fiance smoked for medical reasons and can prove thus its not an issue, however its rare that the medical doctor will test unless your fiance tells him that he uses drugs or it was posted in your I-129F that he used drugs. Your stepson should not be barred from the K2, however they may not allow him to travel without his father. I would recommend to speak with an immigration attorney, they often offer free consults.

For your fiance, have him drink lots of water, a gallon a day. It will flush his system out, the drug stores itself in fat cells, so if he's very slender and has a high metabolism he should be fine. Unless you live in a state where it's decriminalized I would recommend for both of your sakes, that you quit the MJ until it's legal.

[canadian_wife 1,791]

Marijuana has been decriminalized in many US states, the petitioner is aware of her fiance's habit and is accepting of it. Many people use it medically (fibromyalgia, cancer, migraine, MS, and other people suffering from diseases which cause pain). Not all people who use them need rehabilitation, although if this was an issue with say Heroin, or Cocaine, I'd entirely agree with you. We also do not know if Marijuana is legal in the beneficiary's country. Many countries it is legal, and he may be concerned about the process where it acceptable and legal in his own. May not have even considered it, as it's not something he'd normally have to consider!

Irrelevant - in my opinion.

We are dealing with federal laws. If drug use is a reason to deny a visa, isn't it in the family's best interest to have the beneficiary cease until the visa has been issued?

[d3adc0d3 186]

Irrelevant - in my opinion.

We are dealing with federal laws. If drug use is a reason to deny a visa, isn't it in the family's best interest to have the beneficiary cease until the visa has been issued?

This is not a place to debate drug laws, in my opinion. What they decide is best for their family is none of our affair.

[canadian_wife 1,791]

You are right

OP - I am not sure if the step son's visa will be approved if the father's is not. Interesting question, I hope someone knows

[feli114 65]

FYI, my husband did his k1 medical in Senegal. He Never mentioned being tested for drugs. If your husband is not doing drugs when he does his medical then he should mark No! Doing drugs is illegal in this country and can get him denied ok???

[Jawaree 717]

The ban is a year, not 6 mths

and marijuana has NOT being

decriminalized by USCIS. (FEDS)

Yes the child can be approved,

however no one knows if the CO

or other parent would agree to

the child going to a stranger in

another country, but no the child

would not be disapproved based on

his weed smoking

[Al422 221]

We are dealing with a few things here. First of all despite lax state laws (some states even let you use it for recreational use), Federally it is a big no-no.

Strictness of drug testing varies from consulate to consulate. Some test everyone, but most seem to only do that if they have reason to suspect drug use.

Be that as it may, you WILL be asked if you EVER smoked pot. If you say no and that is a lie and you are caught, that is a much bigger problem than just smoking pot. That is visa fraud, which can get you barred from entering the US, even if you can pass a drug test.

Much better to explain why he smoked pot. Maybe he was sick and in pain and could not afford medicine or find a doctor. If he is still smoking pot the time to stop is now. You can be guaranteed a drug test now, so make sure you can pass it. Also useful to see a drug counselor before the interview and bring a report showing he has no drug problem and passed the drug test the counselor gave him.

No easy answers here, but best of luck to you.

[SivarBoy 2]

I tested positive, and I was refered to a psychiatrist, I went to my psychiatrist appointment and I was just told that I have to start a treatment with them... I don't know how long it will take... I'm on the same spot as your husband. Wish you the best of lucks

[PDXDD 28]

As i can see, you are applying SPOUSE visa. If spouse visa is denied, your stepson's visa will be denied too. Just as if your spouse visa is approved, then naturally your stepson's visa would be approved too.

In my opinion, your situation will be tough. Just prepare for it.