US non immigrant visa form questions - drugs conviction

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11. Posted by road to roam (Travel Guru 239 posts) 2w Star this if you like it!

You will be divulging your criminal conviction(s) of possession. That will be taken into consideration for your visa, as you know.

As for the medical portion you say:

"I understand that answering yes to this can cause an immediate denial of a visa on medical grounds"

Have you ever been treated for addiction/substance abuse disorder? Not asking you to post that reply at all, this is just to help you tick the correct box.

Again, abuse is such a broad term. What makes this even more crazy is the wording of the question:

"Are you or have you ever been a drug abuser or addict?"

Unless you are quoting the question incompletely, this doesn't even mention illegal drugs, does it? Even though alcohol is classified as a drug (legal in some cases, illegal in others) I may be considered an abuser in the eyes of someone who abstains for personal or religious reasons, just for consuming a pint, no? Further, if I consume a pint on a regular basis, does that make me an addict?

Splitting hairs with the above example?

Quoting Alwayshalffull

So to clarify my question does anyone know the definition of a drug abuser used by US immigration services?

This is from the Citizenship and Immigration website:

Applicants who are found to be drug abusers or addicts are inadmissible. [1] Drug abuse and drug addiction are current substance-use disorders or substance-induced disorders of a controlled substance listed in Section 202 of the Controlled Substances Act, as defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association or by another authoritative source as determined by the Director. [2]

In 2010, the Centers for Disease Control and Prevention (CDC) changed the Technical Instructions on how a civil surgeon determines whether an applicant is a drug abuser or drug addict. [3] The civil surgeon must now make this determination according to the DSM as specified in the Technical Instructions. [4]

If the applicant is classified as a drug abuser or addict, the applicant can apply again for an immigration benefit if his or her drug abuse or addiction is in remission. Remission is now defined by DSM criteria, and no longer by a set timeframe as it was under previous Technical Instructions. [5] In order for an applicant’s drug abuse or addiction to be classified as in remission, the applicant must return to a civil surgeon for a new assessment.

If the officer has reason to question the completeness or accuracy of the medical examination report, the officer should ask CDC to review the medical report before sending a Request for Evidence (RFE).

Most applicants who are found to be drug abusers or addicts are ineligible for a waiver; the availability depends, however, on the immigration benefit the applicant seeks.

full link here: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-8

[ Edit: Edited on 10-Jun-2019, at 14:31 by road to roam ]

12. Posted by Alwayshalffull (Budding Member 5 posts) 1w Star this if you like it!

I appreciate the detailed response road to roam.

The question is exactly as it is on the visa form so you can see my confusion. It's very unclear exactly what they mean. It's very difficult to get a definition as sources point to other sources which are again unclear.

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