Question by Janet V: 3 year ban for drug addiction Juarez consulate – Proof of rehabilitation?
Where does it say “specifically” that an applicant must provide “proof of rehabilitation” once a 3 year ban for drug use is up? I would like to find this law and/or requirement.

Best answer:

Answer by bobby
ask your pb officer

Answer by Schmegicky
You can find it under INA 212 “Inadmissibility” Sections.

A drug user is inadmissible. When they take blood at the medical center they test for illicit drug use. 212(a)(1)(A)(iv) is the section.

I have even heard of it happening that they might give the chest x-ray (for tuberculosis) on one day and then send the alien back to give a blood test on the next day.

The immigration laws are written in such a way to place the burden of proof on the INDIVIDUAL, not the government. That is, if they find recreational drugs in someone’s system, then that person has the responsibility to prove to the consulate that they no longer use drugs. Merely, not being stupid enough the second time around not to use recreational drugs before a blood test may not be enough to convince the consular authorities that rehabilitation has occurred.

—– (edited below)

Excellent Fred, pointing out also the Foreign Affairs Manual section. However, this section doesn’t include the word “rehabilitated”. It has been noted that some consular officers often ask for more than simple abstinence from recreational drugs during the review period.

Members of the recreational drug-taking public are simply concerned that these procedures are not simply invented on the fly by the consular officers.

Dollars to DS-230’s, our asker’s next question will be what is considered acceptable proof of rehabilitation. It would be helpful to know what a majority of consular officers consider to be adequate proof of rehabilitation. Does it depend on the drug and level of addiction?

I’ll vote for your answer if you would be so kind as to provide some further general insight.

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