3 month ban - not 12

[town&country 9]

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'.

Marijuana laws are in flux that is for sure. Maybe less political but more for economic reasons. Something new to tax heavily!

To be clear!! It is still highly illegal federally, and only completely legal in a few states. That is all that matters when it comes to immigrating to the U.S. Drug laws are changing state by state, but the federal govt. is holding back. fed govt considers it still to be a schedule 1 drug. Nothing but trouble for an intending immigrant because you are dealing with the federal government, not any state govt.

I didn't mean to be flippant to people worldwide who may be reading this thread. It is still completely illegal to the U.S. govt. and all of its departments. Very confusing situation. Legally and in our hearts and minds.

And, OP, still hoping the 3 months (4.5) is all it will take for you two.

Peace, love and tolerance, Julia

[Villanelle 4,121]

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.

I am very interested in the exact wording and exactly what transpires with their case. I hope they continue to post as it progresses.

As many others have stated (and I dont believe its simply all people being negative) but as others have posted the laws/policies are quite clear. There is no room for discretion in them. It would be great if there was but there isnt. Ask any of the people who are suffering from a year ban and they will tell you the same. No discretion period. Its a blanket policy.

So this would be a HUGE unprecedented step. Never does the USCIS change policy with out lengthy discussion and notification. As I stated before it is either an error, a misunderstanding or a policy change. If its an error the OP would be best serve getting it corrected. Same thing for misunderstanding. This can be clarified by the embassy. If it is a policy change then the impact is huge for so many in the same position and the OPs case can help others.

[UKTOBK 11]

Evening Damara, I agree with you that not all people are being negative but it's quite evident that there are a number of people who do just jump on these threads to preach and judge, but this is how it is in the world we live in, one that allows us the freedom of speech (subject to terms and conditions and upon review from the moderators of course - shout out to the mods ??)

And yes rules are rules and they are there to be adhered to and without question if these rules are breached then it is reasonable that these bans are put in place as a form of punishment. Just as a side note at no point in any of the posts has the OP suggested that their treatment has been unjust btw.

Clarification of the actual USCIS guidelines would be great wouldn't it? as I'm sure the people who suffered the lifetime ban years back would have felt somewhat perturbed when the 12 month ban initially came in to play.

I don't expect that the USCIS would necessarily publish that they may now take into consideration the results of the drug test before they issue a ban. Kinda makes sense though don't you think? I mean you wouldn't expect someone who stole a handful of candy from the store to receive the same punishment as someone who stole a car off someone's driveway, maybe the test results came back borderline who knows? All this is a bit too much speculation really, especially for me as I run the risk of doing the one thing that annoys me on this site is where people guess the answer to questions and add nothing but confusion! Lol

I think OP will keep people in the loop with progress as the purpose of this thread was to let people know the outcome from the initial thread. ??

[NikLR 13,220]

USCIS is generally pretty good about publishing when processing requirements are changing in their alerts section of their website. However, this isn't a USCIS issue, it's a DOS one. They're not necessarily as clear on the issue and I can't find anything on their website through my limited searching. However they are quite clear about inadmissibility due to crimes, misrepresentation, and other details.

https://travel.state.gov/content/visas/en/general/ineligibilities.html

Perhaps someone else knows of where to search in regards to the generally recognized 1 year bar due to marijuana use?

Edited April 11, 2016 by NLR

[Villanelle 4,121]

Ahhhh. I just read Marges other thread. This all makes more sense now.

I would refer you to look at this doc (which was ironically in the other thread)-http://www.cdc.gov/immigrantrefugeehealth/pdf/mental-health-pp-ti.pdf Its from the CDC about how the Drs should do the testing etc. Go to page 11 in the document. Its a flow chart that shows different outcomes at the bottom. Respectively being Class A, Class B or Defer.

The penalties for Class A and B are what everyone on here is referring to about the one year ban. Defer is a totally different outcome. RARELY does anyone get to be "deferred"/ I mean this never happens so the OP was very lucky. Defer basically allows the Dr to not officially rule it a Class A/B but rather give the immigrant up to 6 months to do what ever is required (testing counseling etc) and then they will rule "no condition."

The pdf above goes on to explain the policy in more detail on pages 12 and 13. So this is technically a situation where there is no "ban" or policy change because the decision on whether or not he meets a Class A/B drug related inadmissibility has not been made yet and will not be made until 4.5 months from what the OP posted.

I suppose the best lesson from this is for those who know they are going to fail the medical because of drug use. They can attempt to discuss with their Dr getting deferred. Perhaps specific Drs are more agreeable to it.

[Cebuano 0]

I came to this site because I've had the same situation before. I admitted to using Marijuana during the MEDICAL EXAM. They scheduled a drug test a couple of weeks after, I dont know if I turned POSITIVE but on my interview, the consul approved my IMMIGRANT VISA.

Right now I'm living in Las Vegas.

[Ktav 8]

I appreciate this topic, someone linked me to it and I find the information helpful. I know every case is different but I can take the fact that this happened fairly recently as a sign that maybe they are seeing things in a different light. I realize that drug use is illegal and we should expect consequences but I can't believe how rude and judgmental some people are being. Similarly to you, I had already done my research before posting that I knew about the likely 1-year ban, but I posted looking for someone who may have had a different experience, and some people just took the opportunity to tell me how SOL I am as if that were new and useful information... So I totally get it. Someone said something like "If you can't take the comments on VJ how are you going to handle the interview..." Ok, yeah, we all know the people at the consulate can be jerks, not sure why that means that we need to be too. Sorry, venting on your post, but anyways, thank you for posting. I'm aware that this doesn't necessarily mean good news for me but it is definitely giving me a little hope that things are not completely black and white and that we could have luck.

[Ktav 8]

I came to this site because I've had the same situation before. I admitted to using Marijuana during the MEDICAL EXAM. They scheduled a drug test a couple of weeks after, I dont know if I turned POSITIVE but on my interview, the consul approved my IMMIGRANT VISA.

Right now I'm living in Las Vegas.

Hi Cebuano,

How long ago did you admit to using marijuana (Before your interview I mean)? My fiance admitted to using it casually because he really didn't realize how big of a deal it was (Yes i know, he's naive, but they see things differently in his culture and I guess I didn't prepare him enough for the process). They have scheduled a pysch evaluation but not said anything about a drug test. I believe he would pass if he took one. Can you elaborate a little more on your experience?

Thanks!

Kathryn

I came to this site because I've had the same situation before. I admitted to using Marijuana during the MEDICAL EXAM. They scheduled a drug test a couple of weeks after, I dont know if I turned POSITIVE but on my interview, the consul approved my IMMIGRANT VISA.

Right now I'm living in Las Vegas.

Hi Cebuano,

How long ago did you admit to using marijuana (Before your interview I mean)? My fiance admitted to using it casually because he really didn't realize how big of a deal it was (Yes i know, he's naive, but they see things differently in his culture and I guess I didn't prepare him enough for the process). They have scheduled a pysch evaluation but not said anything about a drug test. I believe he would pass if he took one. Can you elaborate a little more on your experience?

Thanks!

Kathryn

[Russ&Caro 1,548]

I appreciate this topic, someone linked me to it and I find the information helpful. I know every case is different but I can take the fact that this happened fairly recently as a sign that maybe they are seeing things in a different light. I realize that drug use is illegal and we should expect consequences but I can't believe how rude and judgmental some people are being. Similarly to you, I had already done my research before posting that I knew about the likely 1-year ban, but I posted looking for someone who may have had a different experience, and some people just took the opportunity to tell me how SOL I am as if that were new and useful information... So I totally get it. Someone said something like "If you can't take the comments on VJ how are you going to handle the interview..." Ok, yeah, we all know the people at the consulate can be jerks, not sure why that means that we need to be too. Sorry, venting on your post, but anyways, thank you for posting. I'm aware that this doesn't necessarily mean good news for me but it is definitely giving me a little hope that things are not completely black and white and that we could have luck.

Hi Kathryn, I'm glad you found this thread. As for judgmental people here, I wish I could say it was a small minority of the total voicing advice and opinions, but sadly it is not. There are, however, helpful people giving advice here so if you can put on your thickest skin, you can benefit from continuing to participate in the forum. And, I daresay, others can benefit from your opinions, experiences, and advice. By the way, there are some regulars who post here who on first read seem very judgemental, but on second read are some of the helpful ones. Their bedside manner isn't so great but they truly do know a lot about immigration and dispense good advice.

Again, best of luck.

[Cebuano 0]

Hi Cebuano,

How long ago did you admit to using marijuana (Before your interview I mean)? My fiance admitted to using it casually because he really didn't realize how big of a deal it was (Yes i know, he's naive, but they see things differently in his culture and I guess I didn't prepare him enough for the process). They have scheduled a pysch evaluation but not said anything about a drug test. I believe he would pass if he took one. Can you elaborate a little more on your experience?

Thanks!

Kathryn

Hi Cebuano,

How long ago did you admit to using marijuana (Before your interview I mean)? My fiance admitted to using it casually because he really didn't realize how big of a deal it was (Yes i know, he's naive, but they see things differently in his culture and I guess I didn't prepare him enough for the process). They have scheduled a pysch evaluation but not said anything about a drug test. I believe he would pass if he took one. Can you elaborate a little more on your experience?

Thanks!

Kathryn

[Caykay1 71]

Just writing this for any people in the future who come into the same problem and want to know what may happen.

My husband failed his medical bc he admitted to and tested positive for smoking weed. The doctors didn't get the results back in time to send it to the embassy before his interview, so he went to the interview as normal. They pre-approved him, bc they didn't know about the drug use. We were advised not to bring it up unless directly asked about it, and they didnt.

When he left the embassy, they kept his passport and told him if everything went well he'd have it back in 2-3 weeks. They said they would call him if there was problem.

The tests came back hours after the interview, he tested positive. That person at the doctors office said they cant tell him next steps bc his case would have to be elevated so that they could make a decision. So we waited... and nothing. He called a few times, but got 0 info from the embassy or doctors.

Finally he called the doctors and got someone useful. She said they sent directions on next steps 2 weeks ago to the address on his police certificate. We didn't get it. They said they'd email him the letter that day. The next day we got the email. Just so others know, it took about 2 weeks from the date of the medical for them to reach a decision/send notification.

Most important part of the story... he received a 3 month ban, not the 12 month that everyone in the past seems to have received. I guess they are still loosening up the punishments, don't really know why we got so lucky.

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.

On to a bit of a different topic - Thanks to those who were helpful and non-judgmental on my other threads about this topic. And shout out to a new friend I made bc of my previous thread - can't wait to meet you and party it up in NYC once you and my husband arrive! Woop woop!

Everyone is allowed their opinion drug use, but I will say I felt overly criticized for something that so many good and successful people do. If you disagree with drug use that is okay, but non-drug users aren't inherently better than drug users. I know I shouldn't care what strangers on the internet think, but I was in the lowest of the lows, and felt so much negativity from the forum. Perhaps I am just too sensitive and no one meant to come off as judgmental or better-than-thou.

My husband, and probably others, didn't fail his medical because he is a drug addict scumball, he failed it bc he didn't prepare and wasn't smart about it.

Good luck and what I always think was, he knew if had this important thing going on for him, why didn't or couldn't he suspend from that for a while. Well the outcome was good but just know he will have employment drug test and some many drug test to take when he comes here so he better advise himself.

[Ban Hammer 12,899]

one post removed for tos violation and one post removed for quoting that post.