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SMOKING MARIJUANA COULD RESULT IN YOUR VISA GOING UP IN SMOKE
by Michael J. Gurfinkel, Esq.
In recent weeks, many people consulted with me regarding
the same type of problem: their visa was denied by the U.S. Embassy
because they admitted that they had, at one time, smoked marijuana
or used some other drug. At their visa interview, they are shocked
to find that their visa is being denied, with the annotation "you
have admitted to committing acts which constitute a controlled
substance violation - no waiver."
In one case, a 29-year-old nurse had been recruited
for a job in a U.S. hospital. During visa processing, she was
asked a very routine question: "Have you smoked marijuana
or taken any controlled substance?" The nurse said that she
had "tasted" marijuana once during a party when she
was 18 years old. It was just a harmless "try", done
out of curiosity. Her visa was denied.
Another person was a middle-aged man, said he tried
marijuana two or three times when he was a teenager. His visa
application was likewise denied. This man, who was petitioned
by his U.S. citizen parents, had waited for more than 10 years
for his priority date to be current. But now he was being told
he was banned for life.
None of these people had ever been charged with,
or convicted of, any drug-related crime. They merely admitted
that they tried or tasted marijuana or other drug during their
younger days.
Under U.S. immigration laws, a person is inadmissible
(not eligible for a visa) if they have ever been convicted
of, or admitted having violated any law of any country relating
to a controlled substance. As the law states, "[A]ny
alien convicted of, or who admits having committed,
or who admits committing acts which constitute the
essential elements of . . . a violation of . . . any law or regulation
of a State, the United States, or a foreign country relating to
a controlled substance . . . is inadmissible." Marijuana
is considered a "controlled substance." Therefore, if
you smoked (or "used") Marijuana, you may have violated
a law relating to a controlled substance.
It may seem that U.S. immigration laws were harsh
in the case of the nurse and middle-aged man, who had merely tried
marijuana out of curiosity many years ago. But, the use of Marijuana
in the Philippines is against the law, and their admission was
enough for the Embassy to deny them visas under Section 212(a)(2)(A)(i)(II).
This was the case even though they never used marijuana again
after those days of indiscretion, and blood tests would never
reveal the use of drugs or Marijuana. But they admitted to having
smoked Marijuana, which could be a violation of a law relating
to a controlled substance. And now they had to suffer the consequences.
(The Embassy was only following and enforcing the law, in denying
the visas.)
Therefore, it is my strong advice to anyone who
is under petition that you do not take any drugs, or you
could jeopardize your coming to America. The U.S. Government is
taking a very tough stance against people who use drugs or violate
drug laws.
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