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Laws and Visa Information
Visa Denials for Past Drug Use Now Reconsidered
Attorney Robert Reeves, Sep 8, 2012
Two clients of Reeves & Associates recently received immigrant visas and were able to join their families in the United States as lawful permanent residents. What makes these cases remarkable is that both clients were refused visas and declared inadmissible by the Embassy over ten years ago. The inadmissibility findings were based on the applicant’s admission during a routine medical examination that during their childhood they had experimented with a controlled substance. In both cases the denial of the visa resulted in the separation of husband from wife as well as father from children.
The Immigration & Nationality Act dictates that any person who has been convicted of or has admitted to the essential elements of a controlled substance violation is inadmissible to the United States. Further, any person who the Embassy determines to be a drug abuser or drug addict will also be declared inadmissible. In our client’s cases the Embassy had found that both clients were inadmissible as persons who had admitted the essential elements of a controlled substance violation.
After enduring years of separation from their loved ones our clients came to Reeves & Associates seeking hope and a solution to the Embassy’s denials of the immigrant visas. Through zealous and persistent advocacy and painstaking legal research and writing Reeves & Associates was able to convince the Embassy that our clients were not inadmissible as drug abusers and were not subject to the ground of inadmissibility for having admitted the essential elements of a controlled substance violation.
Our clients were scheduled for new medical examinations and new immigrant visa interviews and both were granted their visas and have been able to join their loved ones in the United States. One of our client’s had this to say after receiving the good news: “My family will soon be reunited here in the States and this is a dream come true from a hopeless case 11 years ago. This would not have been possible if it’s not your hard work and effort.”
These are just two recent examples of success in this type of case. After advocating with the Embassy, United States Citizenship and Immigration Services, and the Department of State for years our office has experienced a general breakthrough in these type of cases. Many of our clients who were previously declared “permanently inadmissible” to the United States due to a previous drug admission are being permitted to reapply and present their cases to the Manila Embassy. If you or a loved one has been deemed inadmissible to the United States because of an admission to the use of a controlled substance there is a possibility of achieving success in your case.
The best way to determine if there is a route to successfully overcome the finding of inadmissibility based on past drug use and to reunite your family is to speak with a reputable and experienced immigration attorney.
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Author's Note: The analysis and suggestions offered in this column do not create a lawyer-client relationship and are not a substitute for the individual legal research and personalized representation that is essential to every case.
Robert L. Reeves is a licensed California attorney and is certified by the California State Bar as an Immigration and Nationality Law Specialist. He has been specializing in immigration law for over 30 years and is admitted to practice before the US Supreme Court, the US Court of Appeals for the Ninth Circuit, several US District Courts and California State Courts. He is the Managing Partner of Reeves & Associates with offices located in Pasadena, San Francisco, Las Vegas and Makati City – Unit 507 Tower One Ayala Triangle, also known as the Philippine Stock Exchange Plaza Makati , 6767 Ayala Avenue, Makati City, Philippines 1226 (corner Paseo de Roxas, beside Ninoy Aquino Monument). Philippine Contact Numbers: 759-6777 or Toll Free: 1-800-10-773-3837E-mail: immigration@rreeves.com Website: www.rreeves.com
