What if I Flunk my Immigration Drug Test?

What if I Flunk my Immigration Drug Test?


What happens if my fiance or spouse fails their drug test at the embassy-appointed doctor? What if I flunk my immigration drug test?

Hi, I’m Jim Hacking, an immigration lawyer practicing law throughout the United States. 

Every now and then, we have a client who has a problem with marijuana, and they want to know what happens.

Here are some assumptions before taking a drug test:

  • Marijuana is still illegal in the United States, and even though some states have legalized it, the federal government has not.
  • You can come to the United States. However, there are a few things you should know before you travel. 
  • Not always simple. This depends on a number of factors, such as the person’s criminal history, the amount of marijuana involved, and whether the offense is considered a felony under state law.

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The Immigration Drug Testing Process

Here’s how it comes up.

  • After you file a fiance petition or an I130 spouse petition and the case gets processed by the National Visa Center, at some point, the foreign national, whether it’s a fiance or a spouse, is going to have to go to a doctor appointed by the local embassy.
  • The doctor is going to ask the applicant questions about their history of using marijuana.
  • Lastly, they’re also going to do blood tests.

Overall, the process is quick and easy. It is a good way to ensure that those entering the United States are doing so for the right reasons.

Failed Drug Test

What happens if a client fails that drug test?

If your fiance or spouse fails their drug test at the embassy-appointed doctor, will they be able to come to the United States? En Español.

Here’s what we know.

Generally, it’s a bad deal. You really, obviously, don’t want to be doing drugs. I don’t even need to go into that.

From an immigration standpoint, it presents specific hurdles. If you didn’t pass a drug test or admit to marijuana drug use, you’re probably going to be kept out of the United States for a while. It’s undoubtedly going to be a red flag for the embassy officials.

Immigration Drug Test Hacks to Follow

Immigration drug tests are becoming more and more common. And if you’re not prepared, they can be a daunting prospect.

However, there are a few hacks that you can follow to help you beat the system. Plus, know the steps if you fail in your first attempt.

1) See the doctor shortly before your embassy interview.

In our case, our client had to see the doctor about 3 weeks before his actual embassy interview.

The doctor asked him, “Have you ever smoked marijuana.” And he said, “Yes.”

And he said, “How recently?” And he said, “About 2 weeks ago.”

So it’s going to show up in his blood when they get the lab results back.

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2) Be honest.

First of all, let me say that I’m really glad our client was honest. You can often get in a lot more trouble for lying to embassy officials, embassy doctors, or immigration officials.

You never want to lie. It is good that our client told the truth, but it does present a problem. 

Here’s what’s going to happen:

  • The doctor will complete his medical report.
  • He’ll reflect that the applicant indicated that he’d used marijuana.
  • It’ll probably come back on his drug test, and the counselor official is going to have to decide whether or not that renders our client inadmissible.

3) Go to drug classes and test for about a year.

The next thing to do once they find out you used marijuana, which will probably happen, is our overseas client will have to go to drug testing and classes for about a year.

He’s probably not going to be able to come for another year. We’ll see what happens when he goes to the interview.

On the other side, the official may let him pass and send him to the United States. We think that’s doubtful.

4) Keep in communication with your doctor.

What’s much more likely is that our client will be in communication with that doctor’s office over the next 12 months. Then, have to be tested up to 4 times over the course of the year.

Other than that, he will have to attend drug classes and treatment to ensure that he’s clean and sober.

5) Be positive.

Obviously, our US citizens here, in the United States, whose spouse or fiance is very upset, and we understand that. There’s really no way around it. There’s no way to try to reschedule the appointment or to do anything sneaky.

You never want to come across as being dishonest or untruthful. It’s good that our client told the truth, but it’s going to be a real hurdle for him. So keep positive as you are one step closer to getting your benefits.

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Here’s the Truth

He’s probably going to be outside the United States for another 12 months. He’s going to have to spend money on drug testing. And he’s going to have to spend money on treatment. 

Maybe that’s a good thing. Maybe in the long run, for his own health, that’s a good thing.

From an immigration standpoint, it’s obviously a negative. It will slow down our client and her fiance from being together, so we’re sad about that.

That’s why follow the given steps above to ensure a smooth process despite the failing test. And always remember that there are more reasons not to give up.

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Get in Touch With Us

If you have any questions about the medical exams that go along with embassy interviews or the interview itself, remember always to tell the truth.

But if you have specific questions and are wondering how to handle a situation, give us a call at 314-961-8200. Or, email us at [email protected].

We hope you like this video. If you did, make sure to click like and also subscribe to our channel so that you can get new updates whenever we shoot a new video.

Thanks a lot, have a great day, and stay off that marijuana. See you.

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