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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 99980
Experience:  Private practice in several areas, including immigration
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I have had my i601 approved and went down medical today (i

Customer Question

hi, so i have had my i601 approved and went down for my medical today (i am currently living in england and my medical was down in london). when the dr asked if i have ever done drugs i confessed to smoking cannabis about 10 years ago when in amsterdam.
she then said i will have to take a drug test. i gave a urine sample which i know will be fine however will it go against me that i once smoked cannabis?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The cannabis from 10 years ago is not going to show up in your system. The physician gave you a UA (urine analysis test) to see if you will come up positive for more recent times. Assuming you do not, then the physician is not likely going to even mention that you admitted to drugs 10 years ago, and would only go off whatever the result is.

In the unlikely scenario that the physician does mention that you smoked cannabis 10 years ago on their report, then USCIS has discretion whether or not to approve the visa. Under Sec. 212 (8 U.S.C.1182) you are ineligible to receive visas and ineligible to be admitted to the United States if you "voluntarily admit to having committed a crime involving moral turpitude." Smoking cannabis falls into this, regardless of WHEN the smoking occurred. However USCIS has relaxed in the last few years about this since marijuana is becoming more and more tolerated. In addition, one can ask for a WAIVER to be let in even if denied based on the admission of smoking, and again, it would be at USCIS's discretion.

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Customer: replied 9 months ago.
i saw her writing this info down as i told her. was that the report?
i also mentioned that it was when i was in amsterdam where doing this was legal.
i will pass the urine test. but worried about me being honest in the first place!!
Expert:  Ely replied 9 months ago.

Hello,

I note that you have had your I-601 approved. If so, then the marijuana admission falls under this waiver. It is up to USCIS to determine whether to grant it or not.

I do not know where she wrote this down - whether it was on the form or not. So, I cannot say. It does not matter WHERE it was smoked, I am afraid.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 9 months ago.
Hi yes, one quick question, now I have submitted my medical when will the embassy invite me for the interview? I've been told usually around 6 weeks later? Also how do I rate you??
Expert:  Ely replied 9 months ago.

Brad,

Thank you for your follow up. Every consulate/embassy is different, but it normally takes about 6 weeks to 4 months or so for them to respond. So that is the ESTIMATED time frame, but again, it depends on the consulate/embassy, and how busy they are.

You can rate by selecting stars/faces on the screen and then submitting said rating - you should see them above or below the thread. Three or more provide a positive rating which is what I ask. Thanks!

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