Many American politicians who have had experiences with drugs, among other youthful indiscretions, can usually get by with an absurd statement such as “I didn’t inhale!” and still get elected. If you’re applying for a visa to enter the United States, that answer won’t work. And, rest assured, during your visa medical examination, the examining physician will ask you questions about any use of controlled substances, and perhaps even alcohol use.
A medical exam is an important part of the visa application process. Certain physicians, usually referred to as civil surgeons or panel physicians, are sanctioned by the US Consul. Their concern is to check applicants for common communicable diseases and any other debilitation, such as drug and alcohol abuse. Of course, they also check on necessary vaccinations, mental or physical disorders, and sundry other health matters. These doctors do not play the role of policemen. They provide a medical opinion and can only make recommendations. The final arbiters, the ones who grant the visas, are the US Consul or the US Citizen and Immigration Services (USCIS).
Harsh possibility
During the exam, you should be completely honest and answer all questions truthfully, but it is not necessary to volunteer more information than is requested of you. When answering questions regarding controlled substances, you should be sure to state, as applicable, that it has been quite a long time since it happened and that you were not a habitual user. You should also be very insistent that you are not a drug user, an addict, or an alcoholic. Folks applying for a visa should know that answering yes to a casual question concerning drug use could end their dream of ever setting foot on American soil. This is a very harsh possibility.
A lot could be hanging on an error in judgment made many years ago. If you have any doubts whatsoever as to how you should answer questions regarding use of a controlled substance or alcohol, you should consult a competent immigration lawyer before your medical exam is even scheduled. So many things need to be considered. Was the substance indeed illegal at the place and time of your use? Did you try it only once? Did it take place years ago?
Liars and addicts
Also, if you don’t admit to the casual use and that use is somehow discovered, you will then have two strikes against obtaining a visa – drug use and perjury. Even if you were never convicted, or even arrested, a positive answer could cause the denial of your immigrant visa and may effectively bar you from ever setting foot into the US. Of course, if you were arrested, and perhaps convicted, it’s paramount that you, with the aid of a skilled attorney, face the issue head on.
Appeals offer hope
Decisions regarding medical admissibility, including drug or alcohol abuse, can be appealed through the Board of Immigration Appeals (BIA) or the Administrative Appeals Office (AAO). Waivers can be granted. A request for a waiver must be completed by an experienced attorney because this can be complicated. Though this is still a murky legal area, some recent decisions made by the AAO and the BIA offer some hope to those who have been denied visas because of past drug use or experimentation.
One involves the way in which the admission was extracted. The person answering questions regarding drugs must have a good idea that he or she may be admitting to a crime – in essence, testifying against himself or herself. In a few of the cases that were appealed, since the person being interviewed did not know that they were admitting to participation in criminal behavior, the statements gathered by the examining doctors could not be legally used against them in obtaining visas. Waivers were granted here.
In some other cases, it was shown that the purpose of the visa medical exam is to identify medical conditions, including current use or addiction to drugs, of course. This was established in accordance with documents from the Centers for Disease Control (CDC) that define the use of visa medical exams. Nowhere did the CDC documents state that the purpose of the examination was to identify youthful experimentation for the purpose of forever barring applicants from obtaining a visa. Here too, waivers were granted.
Sorting it all out
As you can see, any drug-related circumstance regarding a visa is a pretty sticky situation. If the admission has already been made in the medical exam, you will need the help of an immigration lawyer to help you sort through all the contingencies and see you through the appeals process. Many problems could be avoided if a knowledgeable attorney provides you guidance before your exam ever takes place. Just about everybody alive has done something in the past that they may regret. But sometimes the penalty is too unfairly onerous. Denial of a US visa on grounds of past or experimental drug use is certainly one of those situations. And a good immigration lawyer will help you prove it.
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Lazaro Law Group, Professional Corporation represents immigrants all over the United States and US Embassy in Manila. The firm’s offices are located in San Francisco, Makati City (Philippines), and Fremont, Union City California. Telephone (415)278-9577. E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; Website: www.LazaroLaw.com.
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This article should not be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. This is not meant to create a lawyer-client relationship.
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