Medical Examination- one year

[CamilleR 0]

Greetings: 

 

my fiancé has been denied for one year for admitting to smoke in the past. His drug test was clean; however, they still want him to test positive for one year. I’m very confused about that part.

 

My petition will resume December 1, 2020. What do I need to do with the I-129f that expires in January? 

[geowrian 22,335]

This is fairly common, especially with Jamaica (per previous posts). They also check for certain signs of prior or current use. They want to ensure he is not a drug abuser so they will test that he remains negative for drugs for a year. There are plenty of people who claim to have only used in the past just for immigration purposes, or stop shortly before the interview so their system is clean for the test.

 

You should contact the consulate to attempt to keep the petition valid while he goes through AP due to the ban. They may or may not keep the petition's approval active (I don't know how Jamaican COs tend to handle this, sorry), but reaching out to them to request it is suggested if you aren't sure.

[NikLR 13,220]

Negative not positive. 

 

The embassy keeps the petition alive. 

[CamilleR 0]

37 minutes ago, NikLR said:

Negative not positive. 

 

The embassy keeps the petition alive. 

Yes negative lol i do not know how to edit my post

1 hour ago, geowrian said:

This is fairly common, especially with Jamaica (per previous posts). They also check for certain signs of prior or current use. They want to ensure he is not a drug abuser so they will test that he remains negative for drugs for a year. There are plenty of people who claim to have only used in the past just for immigration purposes, or stop shortly before the interview so their system is clean for the test.

 

You should contact the consulate to attempt to keep the petition valid while he goes through AP due to the ban. They may or may not keep the petition's approval active (I don't know how Jamaican COs tend to handle this, sorry), but reaching out to them to request it is suggested if you aren't sure.

Thank you so much for the clarification because I contacted an attorney. I was confused 

[NikLR 13,220]

Just now, CamilleR said:

Yes negative lol i do not know how to edit my post

You cant. Theres a time limit.

[Razzar 0]

Wow this just happened to my husband to he a Jamaican 

Edited December 26, 2019 by Razzar

[CamilleR 0]

15 hours ago, Razzar said:

Wow this just happened to my husband to he a Jamaican 

It’s ridiculously... so what are your next steps 

[Razzar 0]

They are making him wait a whole year to be retested his year will be up May 12 2020.... Only because he used to smoke a year before his paperwork got approved this is crazy

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[CamilleR 0]

On 12/26/2019 at 10:36 PM, Razzar said:

They are making him wait a whole year to be retested his year will be up May 12 2020.... Only because he used to smoke a year before his paperwork got approved this is crazy

It does not make sense because you are suppose to deny a drug abuser and if a test comes back clean how is it evidence of drug abuse? did you have to do anything in the meantime? Or we just wait until the time is up? 
 

 

[geowrian 22,335]

4 hours ago, CamilleR said:

It does not make sense because you are suppose to deny a drug abuser and if a test comes back clean how is it evidence of drug abuse?

A clean test does not mean somebody is not a drug abuser. A clearly heavy abuser could stop weeks before the medical just to come back clean on the test before going back to abusing (note I said abusing, which is different than usage alone).

They look at the history of use and other possible signs to determine if there is a reasonable likelihood of future use (since it is illegal federally). Panel physicians in some countries are more strict than others on this. Some may not give a ban at all for light usage years ago. Some may give a shorter ban. Some may want regular testing. Some may do a psych referral to determine if there is drug abuse.

[Erica 39 22]

On 12/25/2019 at 8:15 AM, CamilleR said:

Greetings: 

 

my fiancé has been denied for one year for admitting to smoke in the past. His drug test was clean; however, they still want him to test positive for one year. I’m very confused about that part.

 

My petition will resume December 1, 2020. What do I need to do with the I-129f that expires in January? 

Did your fiance still have interview or was it cancelled/ delayed due to this issue. Also was his usage more than a year ago and stated as light or daily usage. 

[CamilleR 0]

On 12/29/2019 at 7:08 PM, Erica 39 said:

Did your fiance still have interview or was it cancelled/ delayed due to this issue. Also was his usage more than a year ago and stated as light or daily usage. 

He went to the interview and at the interview he was told about the physicians opinion on my fiancé drug use. He admitted to smoking marijuana in 2007.

[CamilleR 0]

On 12/29/2019 at 2:17 PM, geowrian said:

A clean test does not mean somebody is not a drug abuser. A clearly heavy abuser could stop weeks before the medical just to come back clean on the test before going back to abusing (note I said abusing, which is different than usage alone).

They look at the history of use and other possible signs to determine if there is a reasonable likelihood of future use (since it is illegal federally). Panel physicians in some countries are more strict than others on this. Some may not give a ban at all for light usage years ago. Some may give a shorter ban. Some may want regular testing. Some may do a psych referral to determine if there is drug abuse.

I see the different requirements among countries because I know someone that was giving 5 months and he failed the drug test. That person is from Ghana. So clearly he can go back to using. However my fiancé had to wait a year and his drug test was clean. And admitted to using in 2017.

[NikLR 13,220]

8 minutes ago, CamilleR said:

He went to the interview and at the interview he was told about the physicians opinion on my fiancé drug use. He admitted to smoking marijuana in 2007.

 

4 minutes ago, CamilleR said:

I see the different requirements among countries because I know someone that was giving 5 months and he failed the drug test. That person is from Ghana. So clearly he can go back to using. However my fiancé had to wait a year and his drug test was clean. And admitted to using in 2017.

2007 or 2017 or both?