Can you still take NCLEX with an expired tourist Visa

allnurses Guide · Dec 16, 2008

If your visa is expired, you need to leave the country immediately. There's no point taking NCLEX - you won't ever be able to work in the USA if you are banned for overstaying your visa.

Silverdragon102, BSN · Dec 16, 2008

As mentioned in previous post, there is no way for you to stay in the US and AOS even if you pass NCLEX. Having a expired visa will actually go against you and if caught will get anything from 3-10 year ban. Better to leave before you get caught.

Moved to the International forum

redranger · Dec 16, 2008

If your visa is expired, you need to leave the country immediately. There's no point taking NCLEX - you won't ever be able to work in the USA if you are banned for overstaying your visa.

What if she is applying for an extension of her Tourist Visa?

My wife's K1 visa is expired, only had 90 days on her entry into USA, I am sure it different from Tourist.

But she asked a question regarding about NCLEX, not Immigration..

5cats · Dec 16, 2008

You can probably take NCLEX, you only need your passport for it normally, but what's the point????

You can take NCLEX worldwide.

Why risking being banned from the US and then have no chance of ever getting there legally in a few years?

Sorry I don't get it.

5cats

Silverdragon102, BSN · Dec 16, 2008

What if she is applying for an extension of her Tourist Visa?
My wife's K1 visa is expired, only had 90 days on her entry into USA, I am sure it different from Tourist.
But she asked a question regarding about NCLEX, not Immigration..

Very hard to extend tourist visa and member doesn't indicate they have applied for a extension and in fact mentions it has expired. the difference with K1 is you have to get married within 90 days and then you AOS

SilverSurfer · Dec 17, 2008

I failed in my NCLEX exam and planning to retake here in the US.
Can I take the NCLEX exam even if my tourist visa is expired?

You can take the Nclex in the US, but if your Tourist Visa has expired you will be out of status (illegal), and cannot adjust status in the US. You will be banned for any Immigration benefits in the future. You can apply for an extension of stay (i-539), and include your ATT. But with retrogression, there is no point of taking the Nclex in the US and adjust status, better return home, you might have a bigger chance of passing it in the Philippines with no added pressure to you.

allnurses Guide · Dec 17, 2008

What if she is applying for an extension of her Tourist Visa?
My wife's K1 visa is expired, only had 90 days on her entry into USA, I am sure it different from Tourist.
But she asked a question regarding about NCLEX, not Immigration..

She didn't say she applied for an extension, she said her visa was expired.

Your wife's status is not expired until the AOS decision is made one way or another.

My point was that NCLEX is irrelevant if you're accruing illegal overstay time. Why bother taking the exam if you can't ever work here?

Kosmonavt · Dec 18, 2008

You can take the Nclex in the US, but if your Tourist Visa has expired you will be out of status (illegal), and cannot adjust status in the US. You will be banned for any Immigration benefits in the future.

Wrong. Can not adjust status only if overstay is over 180 days.

You can apply for an extension of stay (i-539), and include your ATT.

Wrong. Ineligible for change of status or extension of stay even after one day of overstay.

P.S. Just like it was mentioned earlier, the author did not ask for the advice on emigration.

SilverSurfer · Dec 18, 2008

Wrong. Can not adjust status only if overstay is over 180 days.
Wrong. Ineligible for change of status or extension of stay even after one day of overstay.
P.S. Just like it was mentioned earlier, the author did not ask for the advice on emigration.

Pls read the lines correctly, in the first quote I stated if she is already an ILLEGAL, she cannot adjust status. Even with the 180 days, because there is RETROGRESSION in place.

On the second quote, I didnt mention ADJUSTMENT OF STATUS, I mentioned EXTENSION OF STAY. For your Info also, pls take note, on the first page of Form I-539 of Application for extension of stay form it says: " Failure to file before the expiration date maybe excused if you demonstrate when you file the application that:

1. The delay was due to extraordinary circumstances beyond your control;

2. The length of the delay was reasonable;

3. You have not otherwise violated your status;

4. You are still a bona fide nonimmigrant; and

5. You are not in removal proceedings

I understand the post didnt asked for IMMIGRATION advice, but it is elementary, it is connected to IMMIGRATION. Before you correct someones post, be sure to research it well. Comprende?

Peace!