If you have a history of drug addiction and drug abuse, you could be concerned about the feasibility of your application for a US visa or a US green card. However, if you have achieved remission from such addiction, then you can still look forward to migrating to the US – that much sought-after path to the American dream. Here’s what you should know, and do.
Understanding Inadmissibility in U.S. Immigration
In the case whereby you are inadmissible. It means that you cannot get a visa or apply for and receive a green card. These situations include having committed certain crimes or being a substance abuser or addict. Section 212 of the INS states the various reasons for one.
Class A and Class B Medical Conditions
When dealing with drug addiction in immigration, it’s important to know about these classes of medical conditions:
- Class A: Current drug abusers or addicts are generally not allowed to enter the U.S.
- Class B: If you’ve beaten addiction and are in remission, you fall under this category, which means you can apply for a visa or green card.
What Counts as Drug Abuse and Addiction
U.S. immigration law uses definitions from the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association. It usually involves regular use and cravings. Occasional or one-time use doesn’t necessarily mean you’re an addict or abuser. Knowing these differences is key to your application.
How the U.S. Government Checks for Drug Issues
The U.S. government uses several methods to check your history with drugs, Which include:
- Applicants must undergo a medical exam, which includes questions about drug use. Sometimes, drug tests are done.
- Interview: Immigration officers might ask about your drug history during interviews. They can request more tests or investigations if needed.
Proving You’re in Remission
If you have a history of drug addiction or abuse, you need to prove you’re in remission to be eligible for a visa or green card. This means you haven’t used drugs or engaged in related behaviors for at least 12 months. You’ll need to provide evidence like:
- Proof of attending rehab programs
- Treatment plans
- Probation records
Being Honest in Your Application
U.S. immigration laws can make you inadmissible if you admit to crimes, including drug possession. Admitting to drug trafficking, even without a conviction, can lead to permanent inadmissibility. So, be careful about what you disclose.
Steps to Improve Your Chances
If you have a history of drug addiction, here are steps to take for a successful application:
- Before your medical exam, discuss your remission with your doctor.
- Maintain detailed records of your rehab, treatment, and probation.
- Start the application process after being sober for at least a year.
- An immigration attorney can help you navigate the process and improve your chances.
Exceptions For Nigerians with Drug Addiction History
Rehabilitation Evidence:
Applicants who have undergone successful rehabilitation for drug addiction may present evidence of their treatment and recovery. This documentation can include certificates from recognized treatment facilities, letters from healthcare providers, and personal statements detailing their commitment to sobriety. While this does not guarantee visa approval, it may positively influence the consular officer’s assessment.
Time Since Last Use:
If a significant amount of time has passed since the last use of drugs and the applicant can demonstrate a stable life free from substance abuse, this may be considered during the evaluation process. Consular officers may look favorably on applicants who have shown long-term recovery.
Hardship Waivers:
In some cases, applicants may apply for a waiver of ineligibility based on hardship grounds. This typically requires demonstrating that denying the visa would cause extreme hardship to a U.S. citizen or lawful permanent resident family member. Such waivers are discretionary and depend on individual circumstances.
Legal Counsel:
Consulting with an immigration attorney who specializes in cases involving health issues can provide tailored guidance and increase the chances of navigating the complexities of visa applications successfully.
Honesty in Disclosure:
It is crucial for applicants to be honest about their drug history during the medical examination and visa interview process. Failure to disclose past drug use can lead to more severe consequences than acknowledging it upfront.
Even with a history of drug addiction, you can still achieve your goal of getting a U.S. visa or green card by proving remission and following U.S. immigration laws. With thorough preparation, honesty, and professional guidance, you can increase your chances of success. For personalized help, consider consulting with a qualified immigration attorney.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Diversity Visa or an Immigrant Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
