3 month ban - not 12

[town&country 9]

Hi midatlanticmerge, isn't it true that drug policies are political? It's getting really confusing because cannabis is just about completely legal in the U.S. while other countries are still very conservative about it. Hopefully, just now, the world will stop criminalizing this thing and get on to dealing with more pressing problems. 'the leaves of tree are for the healing of the nations". IKR??

However, the laws are still the laws, federal in nature. 3 months ban seems like nothing. what a blessing! Best to you.

[Hypnos 6,576]

cannabis is just about completely legal in the U.S.

You are mistaken. It's still illegal in most states, and more importantly at the federal level under federal law, which is the system you're dealing with when it comes to immigration matters.

[NikLR 13,220]

Hopefully you'll stay on the forum to let us know what happens. I'm certainly curious overall. This is the first time I've seen a 3 month test vs 12 month, but the UK isn't generally where you see the pot smoking bans coming from either.

[MidAtlanticMerge 9]

Hopefully you'll stay on the forum to let us know what happens. I'm certainly curious overall. This is the first time I've seen a 3 month test vs 12 month, but the UK isn't generally where you see the pot smoking bans coming from either.

Interesting - I didn't realize that they considered nations of origins before deciding how long the ban is. Maybe my husband and I aren't as special as we thought

My next update will probably be when my husband gets his visa. I dont want to detail every small problem, but would rather focus on the big picture bc I think that is probably more helpful to others.

[MidAtlanticMerge 9]

Hi midatlanticmerge, isn't it true that drug policies are political? It's getting really confusing because cannabis is just about completely legal in the U.S. while other countries are still very conservative about it. Hopefully, just now, the world will stop criminalizing this thing and get on to dealing with more pressing problems. 'the leaves of tree are for the healing of the nations". IKR??

However, the laws are still the laws, federal in nature. 3 months ban seems like nothing. what a blessing! Best to you.

I wouldnt say they are necessarily political, but they are in flux for sure. Either way, whatever you see going on out and about isn't necessarily the law. For me, on my commute to and from work, I smell weed multiple times. But I dont think it is fully legal here, maybe it is decriminalized. Police around me simply have bigger issues to focus on, so you probably won't be arrested for lighting up in Union Square.

Regardless - you will face very large issues if you test positive while applying for a visa. It doesnt matter if youre moving to a town/state where it is legal or not. As my lawyer stated, 'those applying for a visa face higher standards than citizens'.

[NigeriaorBust 4,087]

If he said he wasn't a user and tested positive that may be a material misrepresentation and a lifetime bar.

[MidAtlanticMerge 9]

If he said he wasn't a user and tested positive that may be a material misrepresentation and a lifetime bar.

Im not sure who the "he" is you are referring to is? My husband was honest, not sure if anyone else in this thread referenced lying?

[Meg&Andrew 297]

One thing I've noticed about this site, people can be very helpful, but I've also watched people be very judgmental. Keep your head up, and fingers crossed. What's meant to be will be. Good luck!

[gryphon 20]

Don't mind those that are overly critical. There's a certain segment of the population who NEEDS to have an authoritarian presence in their life - whether because of genetics or upbringing. They need to be told what to do and not really think for themselves on critical matters. The unfortunate thing (beyond that) is that they usually don't see their own faults, addictions and shortcomings as they criticize others. It's a shield to help insulate them, and that's why they go to great lengths and have great passion when focusing on the faults (or what they consider faults) of others. Usually the more intensely they criticize the more they have to cover.

Keep us posted on how things go =)

[Ryan H 3,796]

***Post violating the TOS (personal attacks and abusive language) removed. Administrative Action taken.***

[UKTOBK 11]

Don't mind those that are overly critical. There's a certain segment of the population who NEEDS to have an authoritarian presence in their life - whether because of genetics or upbringing. They need to be told what to do and not really think for themselves on critical matters. The unfortunate thing (beyond that) is that they usually don't see their own faults, addictions and shortcomings as they criticize others. It's a shield to help insulate them, and that's why they go to great lengths and have great passion when focusing on the faults (or what they consider faults) of others. Usually the more intensely they criticize the more they have to cover.

Keep us posted on how things go =)

And that ladies and gentleman was a beautifully articulated piece by gryphon that I could not have said better myself!!!

The post that was removed and to which gryphon was referring to was a prime example of the kind of opinionated bs that is not warranted....

[Villanelle 4,121]

The three months starts 6 weeks after the medical, to give him enough time for the drugs to clear his system. From that point there will be 3 short notice drug tests in 3 months. So I guess it's really a 4.5 month ban in a way.

Hmm is it me? I read this a few times and im just not sure. Its obviously not a word by word transference from the letter/email so i dont know.

I remember seeing someones actual denial notice like that and there being a discussion about it but it was a long time ago. From what I remember it was the same sorta. You start with the date of the medical and add 6 weeks. That starts the 3 month tests. So lets say medical was Jan 1 2016. Six weeks to be clean is Feb 12th. Three months from that date you take a drug test- May 12. You then take another drug test with in the next 3 months (test 1) So anywhere from May 12 - Aug 12 can be a test. Then test 2 would occur between Aug 12-Nov 12 and finally test 3 in Nov 12-Feb 12. Which puts us a a 1 year frame.

The above quote seems like it could someone explaining the situation I described- a 1 year ban.

[MidAtlanticMerge 9]

Hmm is it me? I read this a few times and im just not sure. Its obviously not a word by word transference from the letter/email so i dont know.

I remember seeing someones actual denial notice like that and there being a discussion about it but it was a long time ago. From what I remember it was the same sorta. You start with the date of the medical and add 6 weeks. That starts the 3 month tests. So lets say medical was Jan 1 2016. Six weeks to be clean is Feb 12th. Three months from that date you take a drug test- May 12. You then take another drug test with in the next 3 months (test 1) So anywhere from May 12 - Aug 12 can be a test. Then test 2 would occur between Aug 12-Nov 12 and finally test 3 in Nov 12-Feb 12. Which puts us a a 1 year frame.

The above quote seems like it could someone explaining the situation I described- a 1 year ban.

I dont think this is the case for my husband, but I do follow you logic. Our letter says 3 tests in 3 months - not 1 test in 3 months, 3 times.

I just double checked the wording on the letter to make sure.

[Villanelle 4,121]

Well I do wish you the shortest ban possible. I didnt read your other thread. I will say I am pretty opposed to the current drug policies but thats another topic.

But does the letter say 3 tests in 3 months. (PERIOD) or does it say 3 tests in 3 month ??? duration? periods? increment? Did it say anything after? You can always email the embassy for clarification. They should be able to tell you the exact date he would be eligible to come back. I would just hate to see you get your hopes up and then find out this was an error. Because its either an error or a huge shift in policy that is seemingly unannounced which is unprecedented.

[UKTOBK 11]

Well I do wish you the shortest ban possible. I didnt read your other thread. I will say I am pretty opposed to the current drug policies but thats another topic.

But does the letter say 3 tests in 3 months. (PERIOD) or does it say 3 tests in 3 month ??? duration? periods? increment? Did it say anything after? You can always email the embassy for clarification. They should be able to tell you the exact date he would be eligible to come back. I would just hate to see you get your hopes up and then find out this was an error. Because its either an error or a huge shift in policy that is seemingly unannounced which is unprecedented.

I've actually sighted the letter in question and OP has been clear with what it states and how it reads, it is 3 tests over 3 months, which is reiterated twice on the letter, firstly in the main body of the content and also in a summary.

So let's assume this is a shift in policy associated with the fact that the general stance on the use of weed has been relaxed over the last few years, even in the UK where we haven't seen any form of actual legalisation, there has been a reported decline in arrests associated with possession and use as seemingly the risks attached to it have reduced over the years, baring in mind you can now buy a joint from a vending machine in Amsterdam, would it be fair to then suggest that due to the more relaxed perspective on the use of weed that the USCIS have decided to take a view on this? Remember that they shifted from a total outright ban some years back to a 1 year ban.

It would be logical to assume the severity of the ban would be linked to the severity of the use and also the type of drug! I'm pretty certain if the use of heroin or meth was detected it would be a different issue altogether.

I'm certain OP will keep the site updated on the progression of this topic as it may be relevant to people down the line.