Drug Policy

[AnAmericanInLove 1]

Well, I can't post my boring posts about shock over the USA drug policy anywhere. So, I'm rambling about that here.

Isn't it common sense that our federal drug war is a joke? My fiance has yet to be interviewed for the K-1 visa, and could possibly be banned over something silly he did with drugs 19 years ago.

Simple possession of any substance is only going to harm the user, right? I mean, no violence, no harm to society. I wish my country was ahead of its time for once. I don't understand how it would harm the USA if it's been so long since it occurred. Also, why are there waivers for multiple criminal convictions, violent and abusive acts to others, but not for drug crime. Has anyone else has their visa denied due to the immigration law regarding illegal substances?

Other than it just being ridiculous, my fiance and I are very curious to see just how US Consulate officers deal with this situation. I've heard so much hype about them, we'll have to see. I don't think a zero tolerance policy (besides 30g of marijuana) is any way to deal with real drug crimes.

Excuse me for ranting. It's an adventure applying for the K-1, but I just wish they gave more people a chance.

[Unidentified 2,930]

Well, I can't post my boring posts about shock over the USA drug policy anywhere. So, I'm rambling about that here.

Isn't it common sense that our federal drug war is a joke? My fiance has yet to be interviewed for the K-1 visa, and could possibly be banned over something silly he did with drugs 19 years ago.

Simple possession of any substance is only going to harm the user, right? I mean, no violence, no harm to society. I wish my country was ahead of its time for once. I don't understand how it would harm the USA if it's been so long since it occurred. Also, why are there waivers for multiple criminal convictions, violent and abusive acts to others, but not for drug crime. Has anyone else has their visa denied due to the immigration law regarding illegal substances?

Other than it just being ridiculous, my fiance and I are very curious to see just how US Consulate officers deal with this situation. I've heard so much hype about them, we'll have to see. I don't think a zero tolerance policy (besides 30g of marijuana) is any way to deal with real drug crimes.

Excuse me for ranting. It's an adventure applying for the K-1, but I just wish they gave more people a chance.

Sounds to me you need to do more research on drugs.

[AnAmericanInLove 1]

Please be more specific.

[Unidentified 2,930]

Please be more specific.

Drug use can lead to addiction, lots of health issues and mental issues which means that person needs help getting treatment for drug addiction, health and mental conditions which effects society. Many of the mental conditions associated with the drug use can make people violent which effects other people.

Drug use also has negative effect on the person's friends and family. So no, drug use doesn't just effect the person doing drugs.

That's the short version. I suggest you use google.com or a library for more info.

[Villanelle 4,122]

Heres a pdf talking about the history that lead up to things being the way they are. It also agrees with you in seeking reform. Its from 2008- I didnt read the whole thing so I have no idea if everything in it is still accurate though.

http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1053&context=wmlr

[N-o-l-a 7,168]

Well, I can't post my boring posts about shock over the USA drug policy anywhere. So, I'm rambling about that here.

Isn't it common sense that our federal drug war is a joke? My fiance has yet to be interviewed for the K-1 visa, and could possibly be banned over something silly he did with drugs 19 years ago.

Simple possession of any substance is only going to harm the user, right? I mean, no violence, no harm to society. I wish my country was ahead of its time for once. I don't understand how it would harm the USA if it's been so long since it occurred. Also, why are there waivers for multiple criminal convictions, violent and abusive acts to others, but not for drug crime. Has anyone else has their visa denied due to the immigration law regarding illegal substances?

Other than it just being ridiculous, my fiance and I are very curious to see just how US Consulate officers deal with this situation. I've heard so much hype about them, we'll have to see. I don't think a zero tolerance policy (besides 30g of marijuana) is any way to deal with real drug crimes.

Excuse me for ranting. It's an adventure applying for the K-1, but I just wish they gave more people a chance.

I partially agree, except with the statement that drugs don't lead to violence or harm to others or further crime. There are plenty of fatal accidents every year involving intoxicated drivers on both alcohol and other drugs (I personally believe that alcohol should be in the same restricted category as marijuana whatever category that ends up being). Lots of robberies and random acts of violence are committed by people on drugs. Obviously, the answer is not imprisonment but rehabilitation for simple drug possession.

Why not just move to his country? The Netherlands is pretty nice.

Edited January 24, 2016 by N-o-l-a

[Villanelle 4,122]

I agree with Nola. Rehabilitation is clearly the answer but the 'war on drugs' has been going on for quite some time and the politicians are reluctant to alter its course.

In the pdf essay above it talks about how a majority of Americans would not be able to immigrate to America with the policies the way they are. Any admittance to the use of drugs at any time in your life will cause a denial. For some its overcome- (a denial and then 1 yr of drug testing) for others with convictions its not. The majority of Americans have tried (even if it was just one time) or used drugs in their lifetime.

I am curious as to what the attnys have told you? From my understanding there is no waiver available. Did they quote a specific section of law? Or are they just taking your money and putting together a packet anyway?

As for how the consulate will deal with it- there is a user on here that was a CO (for tourist visas I believe based on his postings) and he is consistently clear in his responses that the policies are non-negotiable. There are some things that the policies state they have discretion in approving providing you meet qualifications but there are no provisions for drug convictions. It doesnt matter how long ago it was or the circumstances. If its a zero tolerance policy (with the one exception) then its a zero tolerance policy period. They will not override it.

Most people that get denied- well, heres how it is. They dont want to argue with you. They dont need you causing a scene in the building. So often they just give you a vague youll be notified, or we have to look into this more and a 221g will be given. The 221g is basically a decision can not be made at this time. They will often opt to go that route to get you out of the building and then youll be notified of the formal denial later. Also many denials come with appeal instructions or waivers that may or may not be applicable to your situation. Its a boilerplate form letter.

Im inclined to believe that as things are right now there is no way for an approval. If you have significant funds (like John Lennon in the pdf) you could probably challenge the law in various courts. The current policy is controversial. It may be changed in the future if someone does challenge it- but is that person going to be you?

I also agree you should look into relocating there or to a third location because this probably isnt going to have a positive outcome.

[AnAmericanInLove 1]

Thank you for the article! I wish I had as much money as John Lennon did, but I am not sure how expensive we're talking here. I am sincerely in shock over how absurd the current law on drug inadmissibility is. I know I'm a nobody, and disabled at that, but what the hell, maybe I could find a way to do it.

I am looking into relocating here if I have to (even though I'd rather take it to court). Thanks everyone for the advice and the kind words.

[Transborderwife 4,666]

By all means challenge it. Find someone to take on your cause. There are lobbyists looking for a cause everywhere. Perhaps a marijuana group may help lobby to get the law changed. I do agree that one mistake should not conclude ones eligibility, however I do understand the adage of don't do the crime if you can't pay the time.

Visa journey sees many sad stories of those who get banned for a year for trying marijuana once, or partaking of it legally in their country. It's sad but that's the way the laws go in the usa.

[Villanelle 4,122]

If I remember reading the other thread it was for possession of two or three pills of ecstasy not marijuana. But I do agree that there may be a lobbying group willing to take on the case pro bono to change the current laws. I honestly dont know where to even begin to look for something like that though. (google?)

I think the US has the strictest drug policies currently. Canada is also pretty tough, and I believe Australia is number 3. Canada has a 'rehab' waiver if it happened a long time ago and Australia references last 10 yrs. The UK uses the term 'spent' offenses again referring to time passed. Why the US doesnt implement something similar is beyond me. Like I said before the war on drugs laid out some pretty strict penalties and currently is not really a hot topic issue being discussed for changes.

No one is really going to come out and be pro drugs. The negatives from drug use is well documented and overall not very disputable. The issue is really the concept of one strike and your out- permanently. Its incredibly harsh. The concept of rehabilitation for convicted offenders is non existent and like you said not consistent with the 'forgiveness' allowed for other serious offenses.

I know I personally would support changes to the laws. Im sure lots of people would. Its just a matter of having it happen.

Like I said before you should start exploring other options. If you get disability and its SSDI not SSI you will continue to get it if you move to another country. The only downside is Medicare wont cover you for health ins there. Youd have to get private ins or the new countries gov ins. I dont know anything about immigrating to the Netherlands. And unfortunately I dont think theres a forum like VJ discussing specifically Netherlands immigration either. Your fiance will have to look into it there. You may be better off getting married and immigrating as a spouse.

Anyway I wish you all the best for the future. You found your partner in life! Be happy. Where you live together is not as important as simply being together and in love.

[Transborderwife 4,666]

I suggested marijuana simply because they may be sympathetic to the issues at hand.

[Boiler 45,672]

What Politician is going to support changing the law to allow those with drug convictions to immigrate?

Where are the votes or the money?

OP has been advised of the law in another thread.

[AnAmericanInLove 1]

By all means challenge it. Find someone to take on your cause. There are lobbyists looking for a cause everywhere. Perhaps a marijuana group may help lobby to get the law changed. I do agree that one mistake should not conclude ones eligibility, however I do understand the adage of don't do the crime if you can't pay the time.

Visa journey sees many sad stories of those who get banned for a year for trying marijuana once, or partaking of it legally in their country. It's sad but that's the way the laws go in the usa.

You know, I agree with you if you do the crime, do the time. I believe my fiance did his time, and to exclude him from immigration is almost a repeat offense.

If we get rejected, we'll see what options are left. For now, I'm still hopeful.

[AnAmericanInLove 1]

What Politician is going to support changing the law to allow those with drug convictions to immigrate?

Where are the votes or the money?

OP has been advised of the law in another thread.

A politician? I believe we were discussing challenging a rejection through the courts.

[Boiler 45,672]

A politician? I believe we were discussing challenging a rejection through the courts.

Might want to look up Consulate nonreviewability. The are anyway only applying the law.