Immigration and Marijuana Use
We had a really interesting question from one of our viewers on our Youtube channel and I think it is important information for everyone to know. We’ve done a video about this topic before.
The question we had was: “What should you do if you’d eaten a marijuana (pot) edible and are getting a physical for immigration?” Whenever you have ingested or partaken of any mind-altering substance, illegal or not, you may run into problems with your immigration application.
Remember, when you are applying to come to the US, you must be admissible. That means that you must pass a physical (which could include a drug test), and your mental and emotional health will also be reviewed.
The process of applying for a visa can be confusing and overwhelming. If you need help with your application, connect with a New Jersey immigration attorney today.
Having an Addiction Can Make You Inadmissible
If you have an addiction, even if it is to alcohol which is a legal substance, you could be found to be inadmissible to the US. If you are found to have taken an illegal drug, such as marijuana, which is illegal under Federal Law in the US, you may be inadmissible to the US.
Let’s talk about this a little more.
When you apply for a visa, you must get a physical examination by a doctor appointed by the local embassy. The doctor asks questions during that physical about drug use, alcohol use, and other items that may make you inadmissible. The doctor also does a blood test. We know of instances where a person has told the doctor during their exam that they smoked pot or their blood tested positive for marijuana.
Comply With the Federal Law To Get Your Visa Approved
In one of my Youtube videos, I explained how marijuana is legal in some US states. And even though that is true, and it may be legal where you live, immigration law in the US is based on Federal law, and under Federal law marijuana is illegal.
If you want to be approved for a legal status or a visa, you must comply with federal law. If you fail your drug test or admit to drug use, you’re probably going to be kept out of the US at least for a while.
You might think that one way to avoid the problem is to not tell the doctor or lie to them about your drug use. I always recommend that you are completely honest with every person you encounter in your immigration journey. If you lie, and your drug test comes back positive, you may face an even higher hurdle including permanent denial of entry to the US. The doctor will write in their report about the admitted drug use and will submit the test results.
The consular official then needs to determine how to proceed. The officer may allow the applicant to go to the US. We don’t think that is likely, but it is always possible.
What is more likely is that the applicant will need to go to classes regarding drug use and take drug tests (probably about 4), that they need to pay for, to prove they are not a drug addict and do not have a drug problem.
Again, please do not lie to the doctor or try to cheat the system. This will only hurt your immigration chances in the long run. Be honest, answer the questions honestly, and deal with the consequences of your choices. While it may slow down your approval, it’s also going to ensure that you don’t have to worry about future issues when you do come to the US.
Saying No to Drugs is the Simplest Solution
Ultimately, if you want to make sure that you don’t have this type of problem, the simple solution is not to do drugs. Even marijuana, which many think is harmless, can impact your ability to get to the US.
If you recall earlier I shared the US State Department is saying to add a year to the already slow processing times for applications. So imagine how upsetting it would be to have another year added to your application just because you ate a marijuana gummy.
Make good choices to do everything you can to ensure the fast processing of your application. As we teach our kids in school in the US, “Say NO to drugs.”
Contact Our New Jersey Immigration Attorney Today!
If you or your loved one needs help with the immigration process, or if your experiencing trouble with your immigration application, feel free to connect with a New Jersey immigration attorney. Our attorneys at Andres Mejer Law can help you with all your legal needs, immigration paperwork, and processing. Call us to schedule an appointment.