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Will marijuana affect my US immigration process?

San Jose, CA |

Ok so right now I am in the process of obtaining a green card and maybe tomorrow or in this upcoming week I will be going to a civil surgeon so they can check my medical records and see if I'm fine health wise. In order to check if I'm fine they will give me a blood test and I'm not sure if they will be looking for any drugs in my system but if they do find marijuana,will that affect my process? If so, how? I am not a stoner and its quite rare when I do smoke but the last time I did it, it was about 3 weeks ago.

Attorney Answers 4

  1. Best answer

    yes, it can and most probably will be an issue raised by USCIS if you have a positive on your medical exam I-693. You may want to wait in taking the medical and allow the traces of marijuana to dissipate since one of the questions on the I-485 is are you a habitual drunkard or drug abuser and testing positive for marijuana can then be construed or misconstrued by the officer as you being a "stoner" as you put it and therefore deny your I-485 application. Controlled Subtances are still a very sensitive issue and prohibitive element in immigration. I do not know how long it takes for the marijuana to leave your system but I would definately not undergo the medical exam until your clean. If you have a primary care physician talk to them in confidence and ask them and do not take your I-693 medical with the same physician since you do enjoy a medical doctor-patient privilege with you PCP but with a civil surgeon who is authorized to conduct immigration medicals, they have to fully disclose any derogatory information obtained from you verbally or from your tests, such as your urine and blood test so If I were you, I would be very circumspect in what you tell or divulge to the civil surgeon who administers the medical exam. This is a though one. And even though you may have a medical reason to legally utilize marijuana in CA if you have a card, still, for immigration purposes there is no such pass. The only excuse for marijana possession under immigration law is a one time only less then 30 grams possession of marijuana exception waiver which falls under the petty offense exception. BUT thats a one time only possession exceptio. There is no "exception or waiver" for use and having a positive in your system, there is just no telling how this will be misconstrued by the USCIS officer as perhaps you being a habitual illegal, constrolled substance abuser. Good luck.

  2. I agree with my colleague. I would advise you to wait to have your medical examination. You most certainly can get into a world of trouble if a controlled substance is found in your system. Immigration treats controlled substance very seriously and you do not want to take your chances. I would also advise you to retain an attorney who will be able to go over all of the nuances with you. Good Luck.

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  3. Yes, smoking marijuana is an issue with immigration processes. Part of the questions asked during a civil surgeon exam do touch and concern abuse of controlled substances. Failure to disclose can be considered a misrepresentation.

  4. If you do not tell the truth, you could be found to have made a misrepresentation and denied your application. The immigration medical examination is designed to detect drug abusers and addicts. You will be asked about past drug use. If an applicant discloses past drug abuse, or the physician otherwise suspects it, he may take the additional step of performing a test. You have the right to refuse consent to any such test. But, if you refuse the physician would note that on the form and you would not be approved. The immigration laws provide for a waiver of inadmissibility for conviction of first time simple possession of marijuana.

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