Changes to Immigration - page 4

I was told that the immigration laws are changing due to homeland security. I was told that as of July of this year the stipulations are changing and if I don't have a "letter of intent" from a... Read More

  1. by   mushberry
    Quote from fergus51
    I would if I were you mushberry. If a visa says multiple entry, that should be the final word. Immigration is not supposed to depend on "well, that guy said" type instructions. It would be a good idea to clarify so they don't screw up any other nurses coming into the country.
    It wasn't just that, they gave me papers too, but I lost them. oops! But I am going to call...I just took what the border station said for face value and accepted that I wouldn't be going home til my Visascreen was finished.


    Edit:


    Ok, I called US Citizenship and Immigration (http://uscis.gov/graphics/index.htm). They confirmed what I said above. After that 26th of July, if you possess a TN Visa, but not a Visascreen certificate, then when you try to re-enter, you will not be allowed back in. In fact, the immigration officer I spoke to on the phone said that you can have your TN Visa taken away from you upon your attempt to re-enter the US. As long as you remain in the country, then you are grandfathered in as Suzanne4 said, however, if you leave and try to re-enter, you can't without the Certificate. I just thought I'd clear that up.

    Also, I also asked about immigration by other means...and found out that I am not required to apply for permanent residency if I don't want to. After I get married I can just keep staying on TN visas, or I can apply for permanent residency, and if I apply for residency, there is a form I can fill out so I can keep working while the process goes through. *phew*

    Anyway, if you want to call and verify what I said above, the number I called is: 1-800-375-5283

    They linked me to an immigration officer, who gave me the above info.
    Last edit by mushberry on Jun 30, '04
  2. by   suzanne4
    The Visa Screen law went into effect last year. Even to file for a change in status for someone who is already in the country, the Visa Screen Certificate has to be filed with the change, not with just the final interview, and this went into effect last September.
    Fir the TN Visa, you are under different rulings, but if you leave after July26 and wish to return, you need to have that Certificate in hand, or thye do not need to let you in. And I am sure that they are going to be watching this matter rather tightly for awhile. All of you have known about this ruling for quite some time, it just didn't happen over night,,,,,,,,,,,,,,,,,,,,,
  3. by   mushberry
    Quote from suzanne4
    The Visa Screen law went into effect last year. Even to file for a change in status for someone who is already in the country, the Visa Screen Certificate has to be filed with the change, not with just the final interview, and this went into effect last September.
    Fir the TN Visa, you are under different rulings, but if you leave after July26 and wish to return, you need to have that Certificate in hand, or thye do not need to let you in. And I am sure that they are going to be watching this matter rather tightly for awhile. All of you have known about this ruling for quite some time, it just didn't happen over night,,,,,,,,,,,,,,,,,,,,,
    If you knew this already then what did you mean here? What you said above is exactly what I told you and what you and other people questioned, so I am confused.

    Supposed to be grandfathered in for the first year if you already have the TN, but peersonally I wouldn't chance it.................
    According to the rulings, you have one year to be grandfathered in, go to website for Visa Screen and look at the rulings.
  4. by   suzanne4
    Quote from mushberry
    If you knew this already then what did you mean here? What you said above is exactly what I told you and what you and other people questioned, so I am confused.
    The rule went into effect last year, so during the first year from when that law became effective, you had one year to get the Visa Screen Certificate taken care of. As long as you were in the US by the 26th of July, you could begin work, but you will need ot have Visa Screen Certificate in hand to return. This is not a new law that is just going into effect, there was a one year grace period given, that is what is meant by being grand-fathered in.

    Sorry if you misunderstood what I was saying before.
  5. by   suzanne4
    This ruling about Visa Screen is niot a new rule, it has been around for the past few years for any nurse applying for a green card. Now, everyone needs the Visa Screen Certificate, if you are applying for a visa on your own, or even with the NAFTA TN Visa. I have always told everyone to get this doneas soon as possible, and unfortunately, not everyone wanted to listen.
  6. by   oneLoneNurse
    I orginally planned to vacation in Canada and come back the 29th of July. We have switched our plans to come back July 25th or 26th. I have a TN good till May 2005, BUT no visa screen.
  7. by   mushberry
    Quote from suzanne4
    The rule went into effect last year, so during the first year from when that law became effective, you had one year to get the Visa Screen Certificate taken care of. As long as you were in the US by the 26th of July, you could begin work, but you will need ot have Visa Screen Certificate in hand to return. This is not a new law that is just going into effect, there was a one year grace period given, that is what is meant by being grand-fathered in.

    Sorry if you misunderstood what I was saying before.
    I don't think it was just a case of misunderstanding. You seemed to say I was wrong, when I was not, and a lot of other people did not know about what I was saying either. Just because you've told people before doesn't mean everyone either a) read it, or b) understood what you were talking about. Perhaps I did misunderstand you, but you probably should have been more clear.
  8. by   mdbotkin
    Quote from mushberry
    I don't think it was just a case of misunderstanding. You seemed to say I was wrong, when I was not, and a lot of other people did not know about what I was saying either. Just because you've told people before doesn't mean everyone either a) read it, or b) understood what you were talking about. Perhaps I did misunderstand you, but you probably should have been more clear.
    Okay Mushberry, just to confirm once and for all.... I've just read this entire discussion by searching on the net and I've been unable to contact immigration with an answer. My girlfriend who currently works as a RN in North Carolina and has for almost a year now has a TN visa that doesn't expire until November. She has not passed the NCLEX yet and obviously not gotten her "Visa Screen". We are going up there to visit and will be coming back July 24th 2004, I guess the day before all this is supposed to happen.

    So to confirm, it won't do her any good to renew her TN visa because even if she has a current active TN visa, but does not have the Visa Screen certificate, if she goes to visit past July 25th, 2004 they will not let her back in the US w/o the Visa Screen certificate correct? I think people have been thinking if they have a current TN Visa they will have a year from July 25th 2004 which would be July 25th 2005, which is incorrect..... correct?

    Thanks for the help, all this is way too stressful
  9. by   suzanne4
    Quote from mushberry
    I don't think it was just a case of misunderstanding. You seemed to say I was wrong, when I was not, and a lot of other people did not know about what I was saying either. Just because you've told people before doesn't mean everyone either a) read it, or b) understood what you were talking about. Perhaps I did misunderstand you, but you probably should have been more clear.
    I have always stated that I am a nurse just like the rest of you. I am not an immigration lawyer. I can only state what I am aware of. It is your responsibility to contact your lawyer or the facility that prepared all of your documents. I deal primarily with overseas immigration, not Canandian which falls under a completely different set of rules.

    It is been documented for well over one year what was going to be happening. For those of you who chose to try to bend the rules to fit them or get in right before the rules went into effect, that is your responsibility, not mine.
  10. by   nursie nurse
    alright suzanne....that's enough of the "i told you so"!!!!! people are on here to get advice and help.....not to have their hands slapped.....
  11. by   beausud
    Quote from suzanne4
    Yes, this policy affects you. If you leave the US, and want to re-enter after
    July, 2005, AND do not have the Visa Screen Certificate, you will not be permitted to re-enter. The law goes into effect this July, if you already have a visa you are grandfathered for year, but afterwards......................
    even if you have a home and car in the US, you will not be permitted back into the US without it.
    hello, i have read discussions on this recently. is this written in stone now? i already have my TN (renewed in feb '04); so i can plan on going home for christmas even if i dont have my visa screen yet? (i already started this process 3 months ago). thx +]=)

    *oops didnt see the previous posts.. sorry.
    Last edit by beausud on Jul 19, '04
  12. by   suzanne4
    Quote from beausud
    hello, i have read discussions on this recently. is this written in stone now? i already have my TN (renewed in feb '04); so i can plan on going home for christmas even if i dont have my visa screen yet? (i already started this process 3 months ago). thx +]=)

    *oops didnt see the previous posts.. sorry.
    I would not chance leaving the US without the Visa Screen Certificate in hand. Most officials at the border are not letting anyone across without it.
  13. by   saskrn
    Quote from nursie nurse
    alright suzanne....that's enough of the "i told you so"!!!!! people are on here to get advice and help.....not to have their hands slapped.....

    Very well said!

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