Court Ordered Drug Rehabilitation

You can find it under INA 212 “Inadmissibility” Sections.

A drug user is inadmissible. When they take blood at the medical center they test for illicit drug use. 212(a)(1)(A)(iv) is the section.

I have even heard of it happening that they might give the chest x-ray (for tuberculosis) on one day and then send the alien back to give a blood test on the next day.

The immigration laws are written in such a way to place the burden of proof on the INDIVIDUAL, not the government. That is, if they find recreational drugs in someone’s system, then that person has the responsibility to prove to the consulate that they no longer use drugs. Merely, not being stupid enough the second time around not to use recreational drugs before a blood test may not be enough to convince the consular authorities that rehabilitation has occurred.

—– (edited below)

Excellent Fred, pointing out also the Foreign Affairs Manual section. However, this section doesn’t include the word “rehabilitated”. It has been noted that some consular officers often ask for more than simple abstinence from recreational drugs during the review period.

Members of the recreational drug-taking public are simply concerned that these procedures are not simply invented on the fly by the consular officers.

Dollars to DS-230′s, our asker’s next question will be what is considered acceptable proof of rehabilitation. It would be helpful to know what a majority of consular officers consider to be adequate proof of rehabilitation. Does it depend on the drug and level of addiction?

I’ll vote for your answer if you would be so kind as to provide some further general insight.

It says specifically in 9 FAM 40.11 N12.5 that an applicant must demonstrate to the panel physician that he has not abused drugs within the past 2 or 3 years, depending on the drug.

In a “Class A” condition, which would include non-medical use of a substance listed in section 202 of the Controlled Substance Act (such as amphetamines, cannabinoids, cocaine and related substances, etc.), the panel physician must determine whether the applicant:

(1) Is currently using or has used a psychoactive substance within the last 3 years; or

(2) Is or has abused a psychoactive substance other than those listed in section 202 within the last 2 years.

c. In a “Class B” condition, the panel physician needs only to determine:

(1) No non-medical use of a substance listed in section 202 of the Controlled Substances Act in the last three years; or

(2) No abuse of a psychoactive substance other than those listed in section 202 of that act in the last two years.

There is no waiver relief for an immigrant visa (IV) applicant who is admissible under INA 212(a)(1)(A)(iv). 9 FAM 40.11 N13.6

9 FAM 40.11 N12.4 Finding of Remission

Remission is defined as no nonmedical use of a drug listed in section 202 of the Controlled Substances Act for 3 or more years, or no nonmedical use of any other psychoactive substance for 2 or more years. An alien in remission is not ineligible to receive a visa, if the panel physician finds the alien to be in a “Class-B” status.