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.
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.
