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ADMITTING DRUG USE WILL RESULT IN A LIFETIME BAN
by Michael J. Gurfinkel, Esq.
Many people face the same type of problem when seeking visas to
immigrate to the U.S.: visa denied by the U.S. Embassy because
the applicant admitted that they had smoked marijuana or used
some other drug, at one time in their life. They are shocked to
read the annotation on their denial form, “you have admitted
to committing acts which constitute a controlled substance violation:
No waiver”. This means no visa will be issued and worse,
a lifetime ban from entering the U.S.
The following are actual incidents that occurred during visa interviews:
1. A 29-year-old nurse whose employment petition
was approved, and was asked a very routine question: “Have
you ever 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 curious
“try”.
2. A middle-aged man said he tried marijuana two
or three times when he was a teenager. 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.
3. A man who was petitioned by his U.S. citizen
wife admitted he had tried marijuana in his youth.
In each of these cases, the person’s visa
was denied, and all now face the prospect of lifetime bans to
enter the U.S. The offer of a good job and/or the unification
with their loved ones went “up in smoke”.
None of these people was ever charged with, or convicted
of, any drug-related crime. They merely admitted
that they tried or tasted marijuana or some 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, “Any 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.
The use of marijuana
(or other drugs) in the Philippines is against the law. Therefore,
a person’s “admission” of such drug use is enough
for the Embassy to deny a visa under Section 212(a)(2)(A)(i)(II).
A single use seems to be all it takes, and it does not matter
if the person never used marijuana again. The Embassy is only
following and enforcing the law, in denying the visas.
I personally think that the law is too harsh. If
you think about it, President Clinton “admitted” using
marijuana in his youth (although he did not “inhale”).
If he were an alien applying for a U.S. visa, he would have also
been banned for life! Also, it used to be that “mere experimentation”
with drugs wasn’t supposed to affect a person’s eligibility
for a visa. It was only if a person was a drug addict or abuser
that he/she faced some consequences. Even then, many were allowed
to reapply for their visas after a certain number of years of
“rehabilitation”, by showing they were off drugs and
no longer an addict or abuser. Now, it appears that drug abusers,
addicts, one-time users, or even those who merely “experimented”
with drugs, are banned for life, as any admitted use of a drug
or controlled substance, no matter how long ago, results in a
lifetime ban.
Therefore, it is my strong advice to anyone who
is under petition that you do not take 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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