USCIS will process AOS application only if AOS applicant is legally entered in to the US on some other Visa
and kept legal status. Most common are dependant visa / Visitor visa. Visitor visa is not recommended because while applying for Visitor visa one has to declare (s)he does not have an immigration intent.
Dependant Visa : These are the legal visas issued by the USCIS for the spouse/children < 21 of a legal 'Temporary work visa' holder. Typically, people having these visas are not allowed to work but they can study or sit idle at home taking care of family (there are exceptions too). Most common dependant visas are H4/L2 visa which are the dependant visas for H1 and L1 respectively.
While applying for AOS, application packet must include documents that would convince USCIS that (s)he was legally entered and also kept legal status in the US till then. If not, a NOID / RFE will be issued and things would go real messy.
Why AOS seems so smooth is because, immediately (say, 6 weeks) after filing your application (I 140/AOS) USCIS will issue an authorization to work (EAD) that would make the applicant eligible to get a SSN
and legally work in the US. Also, it is important to note that Visa Screen certificate is NOT required while applying for AOS (required only later stage). Meaning, the only thing it requires to apply for AOS is just the NCLEX RN / CGFNS exam pass. Since EADs are issued soon after filing AOS, it appears that things are smooth. Also, once started working, getting the actual green card may not be that important for many and some may remember about it only when the actual green card appears on the postal mail box one fine evening. (That could be the reason there are very few AOS nurses posting here compared to CP)
Also, folks who are doing AOS, generally wont take CGFNS exam but they take NCLEX directly. Since CGFNS is a major bottleneck during the immigration process, AOS nurses prefer to avoid them wherever possible, though they are not completely avoidable for any nurse.
Originally Posted by letina Can we please have some more info about AOS? I have read about a lot of nurses going this route. If the nurses are already in the US and using AOS, are they in the country legally? How so, if they don't have a green card?
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