Any1 who passed NCLEX-RN & went to USA with Tourist VISA was denied entry??????

[jepoyRN19]

Hi there,

I have a tourist VISA to the USA, a multiple entry for 10 years and I have been to the US before for 2 times and I have not overstayed. I am here in the Phil. right now and have recently passed the NCLEX last time I went to California and took the test there.

Will I still be able to go back to the USA with my tourist VISA and tell the immigration officer at the point of entry that I plan to go to the USA to accept / find a job offer for employment and that I am planning to go for Adjustment of Status? I will not have lied about my intentions but will they allow it? or is it prohibited? Will they deport me back to the Philippines? If so, does it mean NCLEX passers who have tourist visa should not go to the US and just file at the US embassy in the Philippines for GREEN CARD? Thanks...

[Ethan_mike]

jepoy, your question involves the US and its understanding of the "doctrine of dual intent". currently, they only allow certain visa categories to travel to the US on an nonimmigrant basis and have immigrant intention at the port of entry SIMULTANEOUSLY. This is also the reason USCIS routinely DENIES Adjustment of Status (I-485) applicants within 30days of landing in the US. This is called entry in "bad faith". Also if its done within 30 to 60 days, subject your application to heavy scrutiny and suspicion. That's why most people hold off doing it until 90 days after. Furthermore, they'll turn you away at the port of entry if you present a B-1/B-2 visa while claiming intent to immigrate for any reason. (In addition to the usual refusal of entry should you be unable to prove you do NOT have intent to immigrate to the officer on the desk. Remember, the BURDEN OF PROOF IS YOURS. By default, some officers will presume bad faith until you can prove otherwise.)

[anniputski]

Jepoy, admitting that you're entering with your B1/B2 visa and then adjusting status may sound honest, but it'll immediately be cause of denying your entry. Ethan is right. Only certain visas (H1B and other working-related I think) can claim dual intent. For tourist visas, you have to prove you're there for pleasure and will be coming home.

I still know many people with tourist visas who adjust status after passing the NCLEX. Naturally, at the POE, they say they're there to visit relatives, etc, and adjust status after a few months.