Drug/Alcohol Abuse History

[ColorMeChaotic 0]

Greetings from Chicago! I am new to the site, so forgive me if this has been asked in the past.

My husband and I are going to try to apply for the I-130/I-129F visa for America. He lives in England currently, and we have been in a LDR for 4.5 years(married for 3 months.)

We have everything that we need to get the visa going and we are really excited, but have hit a bit of a snag. My husband has a small history of alcohol/drug abuse from 4 years ago. While he has only been to the doctor for it once, it is on his medical record. We are extremely worried this will hinder our process for him to move here and for us to finally be together. Does anyone have any experience with this? If so, how did it work out for you? What was the process like? How long did it take?

We are slightly freaking out and need some advice. Your help is appreciated! Enjoy your day!

Mrs. Walker

[Hardfacts123 50]

Your topic title says Drug abuse, if this is so and it is documented, than he will have a very long and tough role in obtains a US immigration visa. If it was only alcohol, he will need to prove that he has received treatment and that his condition has been medically resolved, again this will mean medical documentation.

Drugs abuse equals a no no

Alcohol abuse equals a maybe with apprioprate documentations in treatment and the condition is no longer an issue.

[ColorMeChaotic 0]

Your topic title says Drug abuse, if this is so and it is documented, than he will have a very long and tough role in obtains a US immigration visa. If it was only alcohol, he will need to prove that he has received treatment and that his condition has been medically resolved, again this will mean medical documentation.

Drugs abuse equals a no no

Alcohol abuse equals a maybe with apprioprate documentations in treatment and the condition is no longer an issue.

I was afraid of that. Is it instant denial then or they look into all aspects and make a decision from there?

[Nich-Nick 3,354]

I was afraid of that. Is it instant denial then or they look into all aspects and make a decision from there?

I wouldn't go by the first answer you get on a forum. There are are many things to learn about the process starting with....The I-130/I-129F is not a visa. They are petitions. The visa you seek is a spouse visa, specifically a CR1 immigrant visa. The K3 visa is still on the books, but is very, very rarely given due to changes in the processing that have improved since it was created.

Your medical records are not submitted. You will be asked if you have abused drugs and are expected to tell the truth at the visa medical. If your police record contains even a caution for alcohol/drug related activity, then it will be known because you will take the police report to the medical as well as the interview. There are specifics written into the law about drug history. Learn them. Keep searching. One person on a forum doesn't know the details to give you a verdict. A consultation with a good immigration lawyer about your specifics would be a good idea. Depending on the specifics, there are perhaps things that could be done in the year the visa will take to process. Things like taking monthly drug screenings to document rehabilitation. I am not saying yay or nay, but that you need to continue to research.

Edited August 29, 2015 by Nich-Nick

[Berty 74]

I agree with the above (no surprise), re: drugs. It can be very serious when you also throw the two words 'America' and 'Immigration' into the same sentence. "Serious" still needn't necessarily mean anything more than an inconvenience, but we don't know the details, nor should anybody guess even if we did. I was going to write about monthly drug screenings too, so now I can't even use that to look smart. Gee, thanks, Nich-Nick. Hah. It may also help for your husband to acquire a letter from his GP to state he's not a danger to himself or others. Many GPs expect payment for this.

I-130 and I-129F petitions aren't the same thing; in your opening post it looks like you used them interchangeably. It might seem as if I'm nitpicking but honestly, learn the terminology, because it's going to help you in the long run.

Edited August 29, 2015 by Berty

[Ontarkie 14,282]

~~Moved to the UK regional forum, from US Citizenship discussion - As the OP will need Country specific answers for the medical, doctor and police check. ~~

[Jameson78 32]

From reading this site and others (as well as knowing a number of people who have been in a similar situation), the broad-brush answer (without knowing the particulars of your case) is that nobody has ever been denied in the UK for having admitted taking drugs on a non-habitual basis as long as it was more than one year ago (I believe that it used to be three, but they changed it in 2011). If you have done it in the last year and admit to it/have a police record detailing it/fail the drugs test at the medical, then your goose is cooked at least for a year. Otherwise, you are likely to be fine (subject to inconvenience and extra hassle at the medical etc) unless your medical record specifies that you were a serious and habitual user.

If it is on your medical records, then I would suggest being completely honest about it, even though they have no way of directly accessing those without your permission. It's really not worth lying about something where a written record proving otherwise exists. If there is no written record, I wouldn't say anything.

For anything relating to selling drugs, it's pretty much always a lifetime ban from what I know. But let's be honest that really doesn't apply to many people.

Edited August 30, 2015 by Jameson78

[Jameson78 32]

Oh and I've also heard that there is a secondary issue of the criminal activity ancillary to the drug use itself. For instance, it looks a lot better if you were given the drugs by somebody else, off the cuff, rather than engaging in a considered conspiracy to go out and procure them yourself as part of an economic exchange.

There is apparently a US lawyer operating out of Brighton who specialises in this sort of stuff, who is pretty expensive but might be worth getting in touch with. He has a degree from Georgetown and used to be a consular officer IIRC, meaning that he isn't your usual bottom-feeding immigration lawyer with no greater expertise than a 30 minute internet search would yield.

[Jameson78 32]

Finally: you will need (as somebody points out above) a detailed doctor's note emphasising the nature of the problem and indicating that the drug/alcohol abuse is no longer an issue and that you don't represent any sort of threat to yourself or others. Monthly drug tests, with accompanying evidence, for the next 12 months is also a great idea.

I wouldn't worry myself reading the horror stories (and they really are horrifying) posted by members from third world countries with respect to drugs and alcohol and US immigration, by the way. People in these countries tend to be treated much more harshly and with a much greater deal of suspicion from US officials than do people applying from the UK, Canada, Australia etc.

Edited August 30, 2015 by Jameson78

[ColorMeChaotic 0]

Finally: you will need (as somebody points out above) a detailed doctor's note emphasising the nature of the problem and indicating that the drug/alcohol abuse is no longer an issue and that you don't represent any sort of threat to yourself or others. Monthly drug tests, with accompanying evidence, for the next 12 months is also a great idea.

I wouldn't worry myself reading the horror stories (and they really are horrifying) posted by members from third world countries with respect to drugs and alcohol and US immigration, by the way. People in these countries tend to be treated much more harshly and with a much greater deal of suspicion from US officials than do people applying from the UK, Canada, Australia etc.

Thank you so much. I will try to find that lawyer and see if he does free consultations. Enjoy your Sunday, you're awesome!

[PBJ 60]

The lawyer is Stephen Heller and his consultations are most definitely not free! But he is good and knows his stuff. He can define your situation much more clearly than any drastic advice on this forum can. Just don't go seeking legal advice as some sort of fix!