good news for nurses filing for Adjustment of Status

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Good News for RNs: CIS Reverses Its Recent Policy on RN Visa Screens

Posted on:6/16/2006

The authors of this column recently informed the public of the CIS's sweeping new policy that affected RNs applying for their green cards in the U.S. The CIS had stated that it would not approve adjustment of status applications for RN's who were unable to produce a CGFNS visa screen certificate that was issued prior to the submission of the adjustment of status application. We are pleased to inform our readers that the CIS has reconsidered this policy and reversed itself.

The Immigration bar and healthcare employers were disturbed by the previous policy change and immediately began working with the CIS to urge it to reconsider its position. Some law firms were gearing up to file lawsuits against the CIS in Federal District Court. The CIS's Texas Service Center recently informed the American Immigration Lawyers Association on June 16, 2006 that it has reconsidered its position and that it will abandon its new policy.

The CIS will revert to its old procedures and now request a copy of the CGFNS Visa Screen Certificate at the time it is adjudicating the adjustment of status applications. RNs will be given 12 weeks within which to provide a copy of the Visa Screen Certificate. The Visa Screen issue date does not have to predate the filing of the adjustment of status application.

This is illustrated by the following example. An immigrant visa petition and adjustment of status application are filed for RN on July 1, 2006. But, CGFNS has not completed issuing the Visa Screen, so it is not included. On August 15, 2006, CGFNS issues the Visa Screen Certificate. The CIS, on October 1, 2006, sends the RN a request for evidence allowing 12 weeks for the Visa Screen to be submitted. The RN submits the Visa Screen on time. Now that the CIS has reversed its earlier position, it can issue the green card.

At Reeves & Associates we are very pleased that the matter could be resolved without having to resort to costly litigation. RNs were facing the prospect of returning home and waiting several months for their immigrant visas or remaining in the U.S. and fighting the CIS in Federal Court. This reversion will prevent the unnecessary disruption in the provision of valuable services foreign RNs are providing our country.

check out http://www.rreeves.com

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Yes, good news. If I understand it right, the applicant is still required to give the visa screen certificate w/in 12 weeks upon filing but doesn't have to be pre-dated.

This will give a small chance for those who filed w/o the visascreen cert. to submit their certificates w/in the 12 week prescription period and by the looks of things and w/ the announced slowing of processing times for all CGFNS services right now there is also a chance that the visascreen certificate may not reach the applicant on time. People whose visascreen application only needs their nclex/cgfns results or english results for completion has a good chance of beating the 12 week period but I would seriously doubt the chances of those who just filed their visascreen certification application or just about to.

As Suzanne said, it normally takes 4 mos for the Visa Screen certication process from start to end and w/ the recent annoucement by CGFNS of service delays it would surely take more than 4 mos now.

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Not sure if the reversal are only for those who filed already for the reason that they were caught unaware.

Does the reversal also apply to those just about to apply for the I-140 petiton? Or does those just about to file AOS need the visascreen certification on hand already. The article didn't touch much on this issue. It only pertains to those who already filed and w/ cases already pending.

Hope someone clarifies this.

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This thread has confused me to, am I reading right that if i was to go into usa on a student visa, to make up hours and sit nclex I couldnt file for AOS as quick as I thought, can I not file for AOS till i have made up hours and passed nclex and ready to submit for visa screen?

Ruthx

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:yelclap:

Yaaay! hehehe

If the example the immigration lawyer is using is any indicator, I think it applies to all current and prospective AOS applicants...The example is dated JULY 1, 2006 (for the start of the AOS filing) ! That's still in the future as of the date of their post! Anybody agree with that observation?

:yeahthat:

:yeah:

:biere:

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How can I practice as an RN BSN, but out of status?

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This thread has confused me to, am I reading right that if i was to go into usa on a student visa, to make up hours and sit nclex I couldnt file for AOS as quick as I thought, can I not file for AOS till i have made up hours and passed nclex and ready to submit for visa screen?

Ruthx

You must pass the NCLEX exam before anything can be filed on your behalf.

You cannot take the exam until you have made up the hours, the NCLEX exm is the final step of the licensing process. You will not be granted the ATT until your education meets that of a US trained nurse.

And it is not going to be as fast as you think it will. Wait until you get your CES that you submitted for. Remember that you trained as a mental health nurse, so you are missing more than just the two subjects of peds and maternal health. Wait until your personal credentials are evaluated, or you are just second guessing.

And what rulings are in place right now, may change by the time that you are done. Even getting into school is not an instant thing, you will need to wait until there are openings if you are coming over as a guest student.

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How can I practice as an RN BSN, but out of status?

Out of status, such as without a current visa? You cannot practice until you are current and get a green card. And that is not always easy.

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