Pubdate: Sun, 02 Oct 2005
Source: Manila Bulletin (The Philippines)
Contact:  http://www.mb.com.ph/
Details: http://www.mapinc.org/media/906
Author: Robert L. Reeves
Cited: US Embassy Manila http://usembassy.state.gov/posts/rp1/wwwhmain.html
Bookmark: http://www.mapinc.org/areas/Philippines

Immigration Solutions

Lawsuit Filed To Correct Inappropriate Medical Exam Questioning And
Misapplication Of The Law At The US Embassy In Manila, Philippines

Reeves & Associates, an immigration law firm, has filed a lawsuit
against the Department of State and the US Embassy in Manila,
Philippines to stop improper questioning of individuals concerning
experimental use of drugs in order to impose a lifetime bar for
qualified visa applicants seeking to enter the United States. The case
was filed on August 29, 2005 and will be tried before the Honorable
Percy Anderson, Case No. CV 05-6408 PA (SSx). This lawsuit will
address improper actions of physicians at the medical exams as well as
misapplication of the law by officers during the consular interview.
Reeves & Associates expects this case will have a far-reaching impact
on thousands of visa applicants who have been barred from the United
States by the Manila embassy.

Robert DuPont, attorney for the Reeves Firm comments "This is not a
case about admitting drug addicts or drug dealers into the United
States. This case concerns the permanent denial of visas to persons
who have admitted one time experimental use of drugs such as
marijuana, or who admit drug use that is remote in time. We have
studies from the National Institute on Drug Abuse which show over
one-half of American high-schoolers have experimented with drugs. Even
US Presidents have admitted to experimentation with drugs. Congress
never intended youthful experimentation to be a reason to exclude
qualified visa holders."

The case challenges the Manila Embassy's use of the medical exam to
extract "admissions" from unwitting visa applicants. The medical exam
is a requirement for all immigrant and some non-immigrant visa
categories. The purpose of the medical exam as defined by the Centers
for Disease Control is to identify medical conditions, including
current use or addiction to drugs, not to identify youthful
experimentation for the purpose of developing evidence to bar visa
applicants for life.

It is believed that certain officials at the US Embassy in Manila are
instructing physicians to obtain admissions of past drug use, even
experimentation, and then use that information to permanently bar visa
applicants from entry into the United States. The danger here is that
once applicants learn they should not share information with
physicians at the medical exam, applicants will also not share crucial
information concerning the state of their health.

"Physicians are reportedly using deceit and misrepresentation, by
misleading individuals as to the consequences of answering repeated
questions regarding drug use. These actions undermine the whole
medical exam process which depends on trust in a doctor patient
relationship and that patients are forthcoming with their medical
information." stated attorney Robert DuPont.

The lawsuit also seeks to force the Embassy to recognize statutes and
regulations enacted by Congress for one-time experimental use of
drugs, or proof of recovery from drug addiction.

Consular officials have ignored specific provisions in the law which
effectively excuse experimentation with drugs or drug use that is
remote in time and instead apply a very broad provision concerning
admission of conduct which violates a law involving a controlled substance.

Attorney DuPont stated "Embassy officials cannot and should not ignore
the clear intent of Congress in drafting laws which provide relief to
individuals who admit to long past experimentation with drugs." It is
expected that this lawsuit will affect thousands of cases in which
qualified visa petitioners were wrongfully denied entry based on an
admission of past drug use at a medical exam.

The effects of this lawsuit will be dramatic as most individuals who
have been refused entry to the United States still have a valid
immigrant visa petition. "Once we get the declaratory relief we
believe our clients are entitled to they can return to the embassy and
reapply for admission based on their long-approved visa petitions."
The lawsuit includes spouses, sons and daughters of United States
citizens and legal permanent resident petitioners. "We think this case
will have a dramatic impact and re-unite families separated and ruined
by these policies and practices which appear to be unique to the US
Embassy in Manila." states attorney DuPont. "If you or your family
members have been refused admission to the US based on admissions made
at a medical exam, it is crucial that you contact a qualified
immigration attorney who can examine the facts and determine whether
you should consider trying to re-apply for admission or seek other
remedies in court."

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.

* * *

Atty. Reeves has represented clients in numerous landmark immigration
cases that have set new policies regarding INS action and immigrants'
rights. His many successes have been published in Interpreter
Releases, Immigration Briefings and AILA Monthly which are nationally
recognized immigration periodicals widely read by immigration lawyers,
State Department and immigration officials.

His cases are also cited in test books as a guide to other immigration
practitioners. His offices are located in Pasadena, San Francisco,
Beijing and Makati City. Telephone: 759-6777 E-mail:  Website: www.rreeves.com
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