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WestWolf

Denial due to past marijuana use

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What is the ban for admitting to a single instance of marijuana use in the past? Is it a 1 year ban from the medical exam or a 1 year ban from the interview date, even if the marijuana use was years ago?

Have you gone through the interview process yet?


K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

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*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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They can dismiss one single use as youthful experimentation if it happened long ago and only happened once. The key is CAN. THey don't have to.

Applies only to pot. Hard drugs, one single use and you are done.

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All those not banned by CO because

its youthful mistake please speak up, the

panel doctor MAY see it that way & not

include it in the report which would save

that person a ban

Edited by Jawaree

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I went to my consulate interview, everything went great, then the officer asked about my admission I'd made on my DS160/medical.

He said that admission of prior drug use was a permanent ineligibility, asked about the date/amount/circumstances, took a statement from me, handed me a refusal form and said "This isn't the end of the world, and it isn't the end of your visa".

He instructed me to fill out a form I-106.

Edited by WestWolf

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Is this only for pot or is there something more here, like cocaine? (Remember this is a public forum so think before you admit to anything.) You got hit pretty hard for one pot use. This is more like something that comes from hard drugs.

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Nothing outside of what was mentioned in the OP.

The consular official asked about the circumstances/quantity (both about as innocuous as you can get) and whether I had ever sold/supplied, which I denied, then he said that any illicit drug use results in permanent inadmissibility. He looked like he felt pretty bad for me, but who knows.

He then told me I was eligible for a waiver and that I should submit a for I601.

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If its a long ago youthful offense, they

have U redo medical exactly one yr later

re-interview with new medical (if clean)

approved. When over a certain amount

is when an I601 waiver is required

when a 221G is given at interview to file the waiver.

moral turpotude

Edited by Jawaree

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If its a long ago youthful offense, they

have U redo medical exactly one yr later

re-interview with new medical (if clean)

approved. When over a certain amount

is when an I601 waiver is required

when a 221G is given at interview to file the waiver.

moral turpotude

This is my understanding as well, which is why it seems strange to get hit so badly for one experimental use.

Maybe you should consider an appeal, but I would consult with an immigration lawyer first.

Edited by Al422

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Thought I'd update this thread for the benefit of anyone else who might find themselves in a similar position and searching for info.

I just received an email from the Sydney consulate stating that they wish to proceed with my visa application and asking me to post in my passport. It's my understanding that this is for issuance of my visa, so it looks as though I should be successful without waiver or further messing around.

I can thoroughly recommend Lizz Cannon; she provided me with an initial consult and explanation of my options and what her arguments/approach would be (in general terms). I then contracted her to put together the formal request to reconsider my denial and supporting documents and deal with USCIS on my behalf and she was a pleasure to deal with throughout the process.

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So you were denied for smoking weed but appealed and it was overturned? When you admitted it in your medical did they take a blood urine or hair sample? I wonder if process is standard for ALL medicals? My fiancé is in JA and recently quit 6 mths sago. I don't want him to lie but hope they aren't so rash. 

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