MidAtlanticMerge

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.

There wasn't much research that needed to be done.

https://travel.state.gov/content/dam/visas/Medical/LND%20-%20London

The document you were required to print out and bring with you to the Medical tells you what to expect. It literally states (Physical Exam, Chest X-Ray, and Blood Test). I mean what did you think they were drawing blood for, there are many drugs that don't show up in a urine sample, a blood test is the best way to analyze for drug usage. It is just most employers don't use this method, because the cost of a blood test is far far greater than a urine sample.

Just to clear something up incase other users read this in the future - the drug test wasnt done via the blood sample. It was done on the urine sample.

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?

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'.

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.

You don't need to set my expectations - but thanks.

I was mainly trying to update the forum on the fact that our letter said 3 months for a positive drug test. As far as I am aware, up to this point people have been receiving 12 month bans. I didn't speculate as to the rest of our process. I thought that our news was somewhat unusual, and hopefully of interest to others.

And when that experience involves actually receiving the visa, it will be of practical use.

To be clear, "don't count on it" stems from so many people being told one thing by USCIS/COs but then an entirely different thing taking place.

"USCIS said I would receive my green card in 10 days but it's been two months and I'm still waiting".

"The CO told me I would receive my passport back with my visa but nothing has happened in weeks".

"At my interview they said everything looked good, but then I received a denial in the mail and am told I need to file a waiver".

These and myriad variations thereof have happened countless times on these forums, to the point where it is close to useless what they actually say, and only what they actually do is germane.

If/when the OP's husband gets their visa that's great; until then, it's just really hearsay. And I don't fault the OP at all; this stems entirely from US immigration officials and agencies routinely giving out advice so poor they would be barely qualified to clean the floors, let alone make life-changing decisions like these.

Your post will be deeply appreciated by others who follow in similar footsteps. Relating these type of experiences with the immigration system is one of the top things that makes this forum worthwhile.

Thanks for the supportive words - regardless of my somewhat controversial comments on the tone of some responses I've seen, my main point was the 3 month ban. As far as I am aware, most people were previously receiving letters that said '12 month ban' where as ours said '3 month'. To me that's a HUGE deal. I really hope that theres been a change in policy, but who knows.

I wouldn't count on anything until he has the visa in his hands.

Thanks for being an example of what I was referring to. I think there's a happy medium between being rude and negative and being unrealistic and sugar coating too much. You seem to lean one way.

The past is the past, he has a drug issue, how are you addressing it?

Well we don't feel he has a drug issue. And we don't think everyone who smokes weed occasionally has a drug issue. You may disagree or maybe we have different definitions of what a drug issue is. We understand that regardless, its is against the law.

We have addressed it by him not smoking... I am not up on the latest studies but I am under the impression that weed isn't addictive. He certainly isn't addicted so he has had no problem not smoking. We will do whatever the embassy tells us to do.

America's war on drugs has been going on for a long time. It doesn't seem to be ending anytime soon federally. I've seen a lot of people come on here and mention that there are states where it's legal to smoke. That may be true, but it's still a federal crime. While you're (not you literally) an immigrant it's best to remember this up until you become a citizen.

Agree with you totally, now that I've had this experience. Our lawyer told us after the fact that the govt holds immigrants to a higher standard than the average citizen. Hearing that was kind of like a lightbulb moment. It might not seem 'fair' to some but seems logical... I just wish the lawyer told us this before and not after.

Have you read all the drug related posts on here? Lots of people feel honesty is the best policy and they do say yes. Because not a lot of people know about the ban. Then they come here and ask for help.

I agree - lots of people say yes. Lying to them is very scary! I imagine getting caught in a lie like that would/could result in a permanent ban.

If it were me I'd probably lie however... (Im not a drug user, but I have tried in the past)

The question becomes did he deny using and then test positive ? That can lead to a longer bar for misrepresentation

Thankfully no. He was truthful and tested positive.

Not all consulates tests for drugs in the blood test. They only test for syphilis.

That's the impression we were under. We are incredibly stupid for not looking further into it, but we are obviously paying the price.

There wasn't much research that needed to be done.

https://travel.state.gov/content/dam/visas/Medical/LND%20-%20London

The document you were required to print out and bring with you to the Medical tells you what to expect. It literally states (Physical Exam, Chest X-Ray, and Blood Test). I mean what did you think they were drawing blood for, there are many drugs that don't show up in a urine sample, a blood test is the best way to analyze for drug usage. It is just most employers don't use this method, because the cost of a blood test is far far greater than a urine sample.

Thanks for the supportive comment.

He still would've had to answer if he had used or not. That can cause a failed medical as well.

Hm well unfortunately I can't tell you what would have happened bc that's not what happened. I am not positive, but I think I've seen threads on here where people who admit to drug use but who test clean still get approved. Seems like they've loosened the rules up a bit recently?

The only other option is to lie, which people on here agree is not a good idea. I do wonder though what proportion of people do lie - I think a huge percentage of people have at least tried marijuana.

So it would have been better for him to not have gotten caught doing drugs instead of getting caught and now has a chance of quitting his drug problem?

I don't think I understand the question.

If he/we had done more research, he would have stopped smoking weeks in advance.

How long has he been in a drug treatment programme?

Obviously depends on the extent of his problems and his criminal history.

He's not in a drug treatment programme. We assume that there will be a 1 year ban, with random drug testing through out, but he's not currently in a programme. He has no criminal history and his police certificate was totally perfect.

He doesn't have a problem with drugs, he was a problem with being smart, prepared and well researched before going to an incredibly important event.

If he knew he was taking the test why didn't he cleanse his system? Sounds like a drug problem. If I go to get my blood drawn for normal medical testing I change my eating habits and everything for a couple weeks to make sure my results are as good as possible. I'd slap him upside the head.

We didn't think there would be drug testing. If he knew he wouldn't have smoked. I'd probably slap him upside the head, if he weren't on another continent.

Something I recall from a failed drug screening UK thread is somebody thought they simply had to wait out their time or for Knightsbridge clinic to give them further instructions. Actually they were supposed to be having regular drug screenings monthly at their own expense and scheduling at a lab local to them. When their wait time was up, they had no evidence of being clean for the entire duration so had to start the wait time anew and do it correctly. He should ask Knightsbridge clinic for clarity on what they expect of him before he comes for a new exam. Ask the source because they have the answer on what it will take to pass a medical exam.

Wow - that is alarming. Knightsbridge has been pretty unhelpful with the information flow so far so I am actually not surprised that the original poster was also confused.

Thanks for this info. You could have saved us from falling into the same problem.

I think it's a new application but I believe that you can reapply during the ban

Really? That is interesting. Do you by chance recall where you heard that?

Our lawyers are really being useless - might be time to find ones with more experience in this sort of thing.

I'd prepare for a year, hope for less.

I am trying to do just that.

Even expecting a year is hard though, bc we are confused about the re-application process. Do we start from scratch? That will add at least 12 months. So we'd be looking at 2 years.

Or do we apply for a new police certificate and start from the medical? That should only add a month or so to however long the ban is.

It was for drug use - marijuana, nothing else.

I was expecting a 1 year ban based off of online research. So I was surprised that the doctor told him it may be 3, 6 or 12. Our lawyers are wondering if it depends on how much they found in the drug test, or how much he admitted to using.

I just want a decision so we can mentally accept it and prepare.

My husband's medical was just over a week before the embassy interview. He failed the medical, but the doctor didn't send that information before his embassy interview, so we and the embassy didn't know. The embassy asked why the medical results weren't in and my husband said 'due to testing'. I don't think the embassy connected the dots that being tested probably means he failed the medical, so they pre-approved him. Later that day we got the call that he failed the test.

So my first question... I was under the impression that when you pass the embassy interview they take your passport and then within a few days or a week insert the visa and courier it to you. However my husband says when he left the embassy, with pre approval, they told him 2-3 weeks. Anyone have any idea why?

Second question... When the doctor called to say that my husband had failed his test, he said he'd escalate the case and someone would decide how many months before he can reply. Possibly 3, 6 or 12 months. We don't know if we start from the beginning or just from the point of the medical. We also don't know how long it takes for a decision to be made? Does anyone know?

For background info, the medical was late Feb and the interview was the second week of March.

Thanks for any information. This has been so incredibly disappointing and hard to handle. We seem to have no information and I feel so blind, just waiting.

Thanks for the info/support. I should have searched deeper before posting - These forums are so useful.

Well if you're afraid to talk about it online then there probably isn't much anyone can do to help or give you guidance. The truth is always the best route.

1. You don't have the results of the medical exam nor have had the interview yet, so I wouldn't panic,

2. You can prepare yourself for the possible consequences, but since you do not want to talk about it here you will have to do some research on your own. Use the search tool.

You are not alone. There are many with medical exam issues. Several have been through the drug admittance journey....if that is even the issue.

http://www.visajourney.com/forums/topic/445705-failed-medical-i-really-need-your-help/

http://www.visajourney.com/forums/topic/582375-drug-possession-chargeim-sure-youve-heard-this-before/

http://www.visajourney.com/forums/topic/584849-5-years-ago-he-had-a-drug-induced-psychotic-break/

http://www.visajourney.com/forums/topic/521816-failed-drug-test-at-medical/

http://www.visajourney.com/forums/topic/577642-medical-k1-worries/

Good Luck!

im afraid to give details online

I just can't even believe how badly he messed up. He had his physical today which is required before his interview at the embassy next week.

We won't know until his interview next week but in all likelihood, he is going to get denied. We started this process 14 months ago, and now we might have to wait 12 months before starting all over again.

I literally moved into our new apartment this weekend, that was meant to be a marital apartment. I unpacked all of the dinnerware and wedding presents that I had stored away for over a year, waiting until we were close enough to getting him visa to use them.

I can't do another two years living on different continents. It requires so much time, energy and money. I just can't believe it right now.

Any advice? Our lawyer is looking for other lawyers that have more experience in this type of issue.