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March 24, 2008: Is There A Drug Test When A Person Immigrates?

Is There A Drug Test When A Person Immigrates?

With the medical exam for the Form I-130, is there going to be any drug testing included? Is that punishable and would I be denied?
— Anonymous

There is no medical examination when a Form I-130, Petition for Alien Relative, is filed on its own. However, if the petition is filed concurrently with an adjustment of status application (Form I-485), which I am assuming is the case here, then the adjustment applicant is required to submit a sealed medical examination to the United States Citizenship and Immigration Service (USCIS). Only the adjustment applicant, not the Petitioner, submits the sealed medical examination. The adjustment applicant must be examined by a USCIS Designated Civil Surgeon. The results are sealed in an envelope and must be submitted with the adjustment of status application to USCIS.

There is no specific narcotics test taken at this examination, as the purpose of the medical exam is not to find illegal substances in your blood, but to see if you have certain health conditions that may require additional attention. The health conditions that are tested for include suspected mental conditions, tuberculosis, Venereal Diseases, and humanimmuno-deficiency virus (HIV). Applicants who have records of previous immunizations should present them to the doctor. The adjustment of status application does not ask a question about the use of illegal substances. However, it does inquire into the illicit trafficking of controlled substances.

If you have further questions about the requirements or process for adjustment of status to lawful permanent resident, you should consult with an experienced immigration attorney.

Michael Shane and Evan Shane, Immigration Attorneys

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