advice on VSC

suzanne4, RN · Feb 27, 2008

There was no way that he could take advantage of his tourist visa or he would be subject to being deported for a period of not less than 10 years and without permission to enter the US for any reason at all. He did the correct thing.

He can go ahead and get the license in The Philippines since it is going to be about a five year wait for a chance at a green card. And I mean chance, there is no guarantee that he will be able to get one, there are many more applicants than there are visas available.

The VSC is only valid for five years, so more than likely he will be going thru that process again, and he can update things.

lawrence01 · Feb 27, 2008

Im just new in allnurses.com. I just want to hear some advices regarding my boyfriend's case. His parents are green card holder, unfortunately he's already aged-out, and was not included in the petition. So instead of his parents filing a new family-based petition (that may took longer for processing) he studied nursing, wishing he could go there with his family through employment visa. He passed the NLE but wasnt able to obatin his prc license because after the exam he went to US to visit his parents and siblings using a single entry tourist visa. During his stay there, he took NCLEX and luckily he passed. After passing he applied for visa screen, and didnt declare about the license in Phils, since, at that time he dont have the license number and dont have the intention of working in the Phils(because he planned to stay there and just apply for adjustment of status). He got his certificate from CGFNS. Because his parents are so honest enough, his parents advised him not to take advantage of his tourist visa. He went home again in the Phils to wait for the employment petition. Before he went home, he was hired by a hospital in Nevada, and helped him for the petition. He didnt expect that retrogresssion will last this long and he want to practice nursing here. What are the implications if he take another exam, obtain the license and practice nursing? will he need to write a letter to CGFNS-ICHP to informing about his plan of taking an exam? or asking a permission from the commission? Please share your insights on this matter. My bf is getting depressed, he's always irritated and i want to help him. Thanks a lot.

Why does he need to take the NLE again? Once he passed it, he passed it. He just didn't register to get his local license so he can still register at PRC and get his local license. He will be asked when he took the exam and so on and so forth.

mubilaber · Feb 28, 2008

Why does he need to take the NLE again? Once he passed it, he passed it. He just didn't register to get his local license so he can still register at PRC and get his local license. He will be asked when he took the exam and so on and so forth.

Thanks Suzzane for your insights. Thanks lawrence01. With regards to your question on why does he need to take the exam, he was planning to take another NLE because when he passed NLE it was on the June 2006, the controversial batch. When the resolution came out he's still in the US and last December 2007 he wasnt able to take the exam, because he was still hoping that early this year retrogression will be lifted, but he's wrong. Will there be any effect to his visa screen if he take another exam? Do he need to ask permission from CGFNS that he's going to get exam and that he's planning to practice nursing here? His visa screen was issued already without the Phil license. Thanks a lot. I hope you could advice us on what to do. Thanks again.

lawrence01 · Feb 28, 2008

Thanks Suzzane for your insights. Thanks lawrence01. With regards to your question on why does he need to take the exam, he was planning to take another NLE because when he passed NLE it was on the June 2006, the controversial batch. When the resolution came out he's still in the US and last December 2007 he wasnt able to take the exam, because he was still hoping that early this year retrogression will be lifted, but he's wrong. Will there be any effect to his visa screen if he take another exam? Do he need to ask permission from CGFNS that he's going to get exam and that he's planning to practice nursing here? His visa screen was issued already without the Phil license. Thanks a lot. I hope you could advice us on what to do. Thanks again.

His situation is a little bit more complicated than previously thought.

I suggest that he inform CGFNS first of what he plans to do to make sure their lawyers are informed and that he will not be considered to have circumvented the rules and policies (purposely did not register to PRC to get his license) just to get the VSC and then registering to get his license after getting the VSC. It does not look good.

As far as re-taking the NLE, he cannot take the special re-takes anymore. The last chance to do that was in Dec. 2007. Only way now is for him to take a full exam. He has to coordinate this with PRC and ask if he can actually still do so. PRC gave a deadline for the special re-takes as mentioned. He need to ask directly to PRC if he can still take another exam and a full exam at that. He definitely cannot do the special re-takes anymore as the deadline to do that has lapsed.

When he goes to PRC, make sure he goes to the appropriate individuals to ask and not just the staff by the windows. I say this because someone already asked about this and the Staff allegedly said he cannot waive his license anymore (someone with a license base on June 2006 but did not do the special re-takes) even if he wanted to because the deadline to do all the necessary things to correct it has lapsed but best bet would for him to ask again and this time ask from an appropriate official at PRC to say it, to make it official and not just coming from the regular Staff. And if he does, please update us on what they say by posting it in the Philippines forum (www.allnurses.com/forums/f235). So, as you can see, if that someone who actually has a license was allegedly not allowed to waive it anymore then what more for some one who does not even have an actual license?

His options may be limited. The worst case scenario I can think of is PRC may not allow him to do anymore re-takes but still allow him to register and get his license base on the June 2006 NLE as that license is actually valid for practice in PH. But this will again may look bad in the eyes of CGFNS and may be mis-construed as circumventing their rules just to get the VSC as the only way CGFNS agreed to give the VSC at that time was because he did not register to get his license in the first place and if he had, they would have not given the VSC unless he take the special re-take or take a full exam. Everything has to be coordinated with PRC and CGFNS.

To be blunt about it, this is what happens if people try and circumvent things. The resolution came sometime March or April 2007 so your friend has lots of time to take any re-takes from June 2007 and Dec. 2007. He just chose not to. He knew what he was doing. He just made the bad choices. Being in the US is not even a valid reason. He is just there as a visitor and could have gone back to PH anytime if he wanted to.

mubilaber · Feb 28, 2008

His situation is a little bit more complicated than previously thought.
I suggest that he inform CGFNS first of what he plans to do to make sure their lawyers are informed and that he will not be considered to have circumvented the rules and policies (purposely did not register to PRC to get his license) just to get the VSC and then registering to get his license after getting the VSC. It does not look good.
As far as re-taking the NLE, he cannot take the special re-takes anymore. The last chance to do that was in Dec. 2007. Only way now is for him to take a full exam. He has to coordinate this with PRC and ask if he can actually still do so. PRC gave a deadline for the special re-takes as mentioned. He need to ask directly to PRC if he can still take another exam and a full exam at that. He definitely cannot do the special re-takes anymore as the deadline to do that has lapsed.
When he goes to PRC, make sure he goes to the appropriate individuals to ask and not just the staff by the windows. I say this because someone already asked about this and the Staff allegedly said he cannot waive his license anymore (someone with a license base on June 2006 but did not do the special re-takes) even if he wanted to because the deadline to do all the necessary things to correct it has lapsed but best bet would for him to ask again and this time ask from an appropriate official at PRC to say it, to make it official and not just coming from the regular Staff. And if he does, please update us on what they say by posting it in the Philippines forum (www.allnurses.com/forums/f235). So, as you can see, if that someone who actually has a license was allegedly not allowed to waive it anymore then what more for some one who does not even have an actual license?
His options may be limited. The worst case scenario I can think of is PRC may not allow him to do anymore re-takes but still allow him to register and get his license base on the June 2006 NLE as that license is actually valid for practice in PH. But this will again may look bad in the eyes of CGFNS and may be mis-construed as circumventing their rules just to get the VSC as the only way CGFNS agreed to give the VSC at that time was because he did not register to get his license in the first place and if he had, they would have not given the VSC unless he take the special re-take or take a full exam. Everything has to be coordinated with PRC and CGFNS.
To be blunt about it, this is what happens if people try and circumvent things. The resolution came sometime March or April 2007 so your friend has lots of time to take any re-takes from June 2007 and Dec. 2007. He just chose not to. He knew what he was doing. He just made the bad choices. Being in the US is not even a valid reason. He is just there as a visitor and could have gone back to PH anytime if he wanted to.

Thanks for the advise Lawrence01. Based on my understanding, he want to get another NLE because he already knew that if incase he'll take this year, special exam is not permitted anymore.

Thanks gain. Maybe, I'll just relay to him all the information that I gathered here, its for him to decide. And I'll tell him as well to coordinate well with PRC and CGFNS. Thanks.

--- To those with other opinions and suggestions, Im grateful to hear it. Thanks.

lawrence01 · Feb 28, 2008

Thanks for the advise Lawrence01. Based on my understanding, he want to get another NLE because he already knew that if incase he'll take this year, special exam is not permitted anymore.
Thanks gain. Maybe, I'll just relay to him all the information that I gathered here, its for him to decide. And I'll tell him as well to coordinate well with PRC and CGFNS. Thanks.
--- To those with other opinions and suggestions, Im grateful to hear it. Thanks.

That is presuming PRC lets him take the NLE again. Like I said, someone with an actual license based on the June 2006 exam and has not also taken any re-takes from June and Dec. 2007 has recently asked for it to be waived and it was not allegedly granted by PRC citing reasons that PRC/DOLE has already given enough time to do all the re-takes and that was what the deadline is for in the first place.

I do not see any difference from your friend, even though he has no actual license yet with that person I mentioned to you wasn't really allowed to waive his license by PRC base on the June 2006 NLE.

Nothing left to do for him but ask PRC himself if he can take another NLE. It will be up to PRC and only consider asking CGFNS if PRC will actually allow him to take another NLE. If PRC says no, then that will be the end of the discussion.

*See this thread: https://allnurses.com/forums/f235/june06-license-waiver-248031-2.html#post2685838