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I am a US BSN graduate but I have been deported due to my family's immigration case.

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by mo0nlessnights mo0nlessnights (New) New

Hello everyone, im new to the site and this is my first posting. I have been living in the United States since I was 5 years old and I am 23 now. I graduated from UNLV on August 2008. A week after, immigration came to my house and arrested me and my family for overstaying our visa's. I spent two months in jail before finally being deported. I do not blame my family for my unfortunate situation. Even though I had nothing to do with the case since I was a minor at the time, I was labeled a fugitive and as a result have been exiled for ten years. I love my family, they put me through school and now that I have finished, I am their only hope left.

We are living in the Philippines now and im still trying to adjust. I was planning on taking the NCLEX here but realized that it was only good for the US. I plan to relocate to Canada to work as an RN over there but I do not even know where to start. If anyone has information and is willing to share please do so. I am stuck in a rut and am in need of some real help. Thank you all for your time and God Bless. I do not have readily available internet access as I must go to cafes to log in so I may not respond right away. Thank you all again for your help.

Jione

I'm sorry for your troubles and hope things work out well for all of you. I don't know how nurses from other countries get to work in the US but there are a great many Filipino nurses here. Maybe you can communicate with some you know and find out how they got here, got working, got the right visa, etc. I know many have come in through Canada.

I wish you well.

Silverdragon102, BSN

Specializes in Medical and general practice now LTC. Has 33 years experience.

If you have a 10 year ban for the US then I doubt that you can get it waived so you can work there. For Canada you need to apply to the province you want to work and they will decide if your training matches their and you will have to sit CRNE however I am not sure if the issues you had with the US will have any impact on your application to Canada. May want to consider discussing this with a Canadian immigration lawyer

I want to say first, that I am totally against people being in the states illegally, and what your parents did was wrong, however, considering you were only 5 years old and are now 23 and a productive member of American Society, provisions should have been made to permit you to stay.

You should not suffer for what your parents did. Not even close.

My advice is to get an immigration lawyer to plead your case to the USA to see if you can get back over here. I think it is a tragedy that you have lived here from childhood since you were 5 years old, a college graduate, and that was not taken into consideration at all.

Were you even given a hearing?

I also have to ask...as an adult, did you not know your visa had expired? If so, why did you not take care of it?

Ginger's Mom, MSN, RN

Has 41 years experience.

First of all you were a US BSN graduate and not an American. I found that issue since Americans can't be deported. How did the school admit you? You had to prove you were in the US legally or that you were a foreign student. If your parents applied for a SSN you may not have known but along the way there had to be disclosure.

Sorry to hear about your situation, now you can't work as nurse in the Philippines because of your US training. I would take the advice of getting a Canadian Lawyer since they may question your situation. Good Luck.

Sorry to hear about your troubles.

I know a little of how you feel because my mother-in-law was also banned from visiting 10 years. That stuck, no matter what we tried to do.

A little history might help. I am married to an American citizen (I am born and raised in America) and when we had our only child (her only grand-child) my mother-n-law came to visit. My brother-n-law was handling the paperwork, not us. My mother-n-law stayed off and on the first two years - 6 months here then left - stayed home a few months and then returned, etc. At no time was she expecting to stay or work. She was in her sixties, a lifelong housewife who loved her home country. She only came here to see her granddaughter and help us. We obviously paid all of her expenses.

Meanwhile she had a nice place in Yugoslavia, her real home. She had lots of friends and family there too.

So my brother-n-law didn't send in a document on time, and her paperwork was flagged or something. (This, by the way was also happening in Las Vegas.)

My mother-n-law returned to Yugoslavia, as scheduled - and then when she tried to visit again - was told of the ban of ten years.

It's because of Homeland Security that this happened. Immigration attorneys have been consulted and wouldn't bother with the case. I contacted officials in Washington about the whole thing and was told that the ban was an error of sorts and I would need to get someone to file a waiver (this has been over 8 years ago and I can't recall the names and numbers of the waivers) and that the whole thing would be reversed.

Again, my mother-n-law did not want to live here or become a citizen. She just wanted to visit her granddaughter.

I tried for several years with no results to have this error reversed. My mother-n-law was called to the Belgrade Consulate office and interviewed (interrogated is more like it) to the point of making her cry; and then charged $400 US dollars (which at the time was the equivalent of a doctors monthly salary there) to be denied US entry once again.

So the ten year ban stuck and we have endured. We, as working class people, cannot afford to travel to Yugoslavia to see her often, so she just doesn't see her one only grandchild. She is in her mid-seventies now and next year the ten year ban will be over.

So anyone who thinks Immigration is always correct about these things is dead wrong. Americans are so fortunate to be able to travel freely, and we cannot possibly understand how people from other countries feel about censorship.

No everyone coming to this country is a terrorist. Plenty of people love their homeland countries and never intend on working or living here.

But Immigration and especially Homeland Security is a mess.

To the OP, I feel your pain. I'm not sure what to tell you except to try to arrange for a way to take the NCLEX in your country. At least get the US nursing license you have worked so hard for and then maintain it. Surely your education can be of some use there also. Go to campuses there and speak to educators and admissions and get advice on what to do next.

Sorry about your situation.

Unfortunately, there is not one thing that you can do at this point in time to change things for the US. If you would have done something after you turned 18 and befor you turned 21, then you could have remained here in most cases. However, because you never did anything, you were grouped along with the rest of your family.

What did you have for a SSN# and did you ever use it before or just when you went to apply for licensure as an RN if you got to that point? We are seeing this happen quite a bit as SSN#s are being run thru the system, and if you were given one by your parents to use, chances are that it was not a real one and that is what started the entire process for you.

Next you have an issue with Canada requiring a local license before they will even consider you for anything. Not sure how you are going to be able to do that since your passport or lack of one/visa is going to be flagged as well by the government here.

Best of luck to you.

ghillbert, MSN, NP

Specializes in CTICU. Has 20 years experience.

Sorry to hear about your troubles.

I know a little of how you feel because my mother-in-law was also banned from visiting 10 years. That stuck, no matter what we tried to do. SNIP.

Something sounds wrong about this, because you have to overstay a very long time to get a 10 year ban (it's a 3yr ban for shorter overstays). I'm not sure why you thought it should be overturned though - you said yourself that you did not send in the correct papers, so she did overstay - which triggers a ban. Perhaps I missed something.

To the OP, I agree that you need to seek the advice of an immigration lawyer to investigate going to Canada. Can you work in the Phillipines to get experience or not due to your US training?

I don't want to high-jack this thread so I won't post more about my mother-n-law.

Something sounds wrong about this, because you have to overstay a very long time to get a 10 year ban (it's a 3yr ban for shorter overstays). I'm not sure why you thought it should be overturned though - you said yourself that you did not send in the correct papers, so she did overstay - which triggers a ban. Perhaps I missed something.

To the OP, I agree that you need to seek the advice of an immigration lawyer to investigate going to Canada. Can you work in the Phillipines to get experience or not due to your US training?

Only way to work there is if they hold citizenship there and take and pass the NLE exam. But the issue for the Philippines at present is that there are more than 500,000 unemployed RNs there now as we speak and that does not include the 88,000 set to write the NLE in just two weeks time.

Canada requires a local license before they will consider anyone, so some exam is going to need to be written before anything can be done and that is where they are going to have issues.

hey moonlessnight! hopefully you at least started the registration process before you were removed. if you havent, most things can be done via mail or internet. what you need to do is apply for registration in the state you got your education. it cant be a different state, so since you went to unlv, then you have to get registered in nevada. thats step one. of course to complete step one. i had a canadian friend who was freaking out b/c she thought she couldnt take the nclex because she didnt have a ssn#. anyways, long story short, you can register without a ssn#. i live in florida, so call your board of nursing (bon) in nevada to verify if this is the case there.

once you get your authorization to test (att) then only can you take the nclex. the att is only valid for a weeks so you have to take the nclex within the time frame they provide or you will most likely have to apply all over again and pay more money. now, after you pass nclex, and get your license to practice you can then start applying for jobs in canada and after you get a job offer, they will assist you with a work visa. as long as you entered the united states with a visa (papers) or in other words entered with inspection, and stayed here for at least one year which i gather you have, then in most cases, canada will provide you with a visa. i'm not sure about cases where they deport someone, but i'm assuming since you qualify because you entered the us with papers but overstayed, there shouldnt be a reason why canada wouldnt allow you a visa at least. listen to above posts and seek canadian immigration attorney's advice first.

i'm sure you know the steps to registration since you have a bsn in the states and they teach us the process. just keep in mind, that they may not require a ssn# to register. they didnt in florida and my canadian friend who didnt have a ssn# was able to register without problems. to reiterate, this was in florida so check your state requirements. even pearson vue the examination authority didnt need a ssn# from my friend so she was able to sit the exam. you just need a valid id like an unexpired drivers license or passport. make sure you sign your passport can they have turned away people for an unsigned passport. if there are testing sites in philippines, then there shouldnt be a problem really to sit the test as long as you have that att !!!

the united states immigration system causes a lot of heartache and i know many people hightailing it out of here because they dont feel its worth it anymore. i know many people who are immigrating to places like uk, australia, new zealand, and yes canada because the path to obtaining visas are more assessible to people in skilled occupations. while i was in nursing school, all foreign nations i spoke with said they were planning a move to canada. i guess canada is reaping the benefits from the us failed immigration system. people from previous posts are right, once they put you into removal proceedings and then deport you, theres nothing you can do. if you had a pending i-485 or if someone made a mistake on your visa, then theres something to work with otherwise i dont see how you can fix it. but i'm not an attorney so this is something you have to research yourself and speak to a qualified individual.

your best bet is to look to the future. try first to see if you can get registered in nevada. once thats done, you'll have more options available to you. just a reminder, you may not need a ssn#, check with your bon and the authorized testing company for the nclex. here in florida the authorized testing company for the nclex was pearson vue, i'm not sure if its the same for nevada. if you go to your board of nursing website and print an application for registration, you may see the details you need right there on their site and application form and instructions. but call to your bon to clarify.

i hope this helped. i'm also trying to get registered in canada after obtaining my license and registration here in the united states. we are all god's children and its always sad when i hear cases like yours. best of luck to you and your family. i'll keep yall in my prayers.

hey moonlessnight! hopefully you at least started the registration process before you were removed. if you havent, most things can be done via mail or internet. what you need to do is apply for registration in the state you got your education. it cant be a different state, so since you went to unlv, then you have to get registered in nevada. thats step one. of course to complete step one. i had a canadian friend who was freaking out b/c she thought she couldnt take the nclex because she didnt have a ssn#. anyways, long story short, you can register without a ssn#. i live in florida, so call your board of nursing (bon) in nevada to verify if this is the case there.

once you get your authorization to test (att) then only can you take the nclex. the att is only valid for a weeks so you have to take the nclex within the time frame they provide or you will most likely have to apply all over again and pay more money. now, after you pass nclex, and get your license to practice you can then start applying for jobs in canada and after you get a job offer, they will assist you with a work visa. as long as you entered the united states with a visa (papers) or in other words entered with inspection, and stayed here for at least one year which i gather you have, then in most cases, canada will provide you with a visa. i'm not sure about cases where they deport someone, but i'm assuming since you qualify because you entered the us with papers but overstayed, there shouldnt be a reason why canada wouldnt allow you a visa at least. listen to above posts and seek canadian immigration attorney's advice first.

i'm sure you know the steps to registration since you have a bsn in the states and they teach us the process. just keep in mind, that they may not require a ssn# to register. they didnt in florida and my canadian friend who didnt have a ssn# was able to register without problems. to reiterate, this was in florida so check your state requirements. even pearson vue the examination authority didnt need a ssn# from my friend so she was able to sit the exam. you just need a valid id like an unexpired drivers license or passport. make sure you sign your passport can they have turned away people for an unsigned passport. if there are testing sites in philippines, then there shouldnt be a problem really to sit the test as long as you have that att !!!

the united states immigration system causes a lot of heartache and i know many people hightailing it out of here because they dont feel its worth it anymore. i know many people who are immigrating to places like uk, australia, new zealand, and yes canada because the path to obtaining visas are more assessible to people in skilled occupations. while i was in nursing school, all foreign nations i spoke with said they were planning a move to canada. i guess canada is reaping the benefits from the us failed immigration system. people from previous posts are right, once they put you into removal proceedings and then deport you, theres nothing you can do. if you had a pending i-485 or if someone made a mistake on your visa, then theres something to work with otherwise i dont see how you can fix it. but i'm not an attorney so this is something you have to research yourself and speak to a qualified individual.

your best bet is to look to the future. try first to see if you can get registered in nevada. once thats done, you'll have more options available to you. just a reminder, you may not need a ssn#, check with your bon and the authorized testing company for the nclex. here in florida the authorized testing company for the nclex was pearson vue, i'm not sure if its the same for nevada. if you go to your board of nursing website and print an application for registration, you may see the details you need right there on their site and application form and instructions. but call to your bon to clarify.

i hope this helped. i'm also trying to get registered in canada after obtaining my license and registration here in the united states. we are all god's children and its always sad when i hear cases like yours. best of luck to you and your family. i'll keep yall in my prayers.

please get your facts correct, every single one of them have been incorrect. first, chances are what caused her the issues with immigration is the registration with nevada and the use of a ssn# that more than likely was not valid. and there is absolutely no reason that anyone has to go for a license in the state where they went to school. no reason at all for that.

next, there is no att that is not valid for at least 90 days at the minimum, not sure of where you are getting the one week from. that just does not exist for any state in the us.

if one has been deported from the us and cannot return for a period of ten years, then it also shows up on any record for the us, as well as police clearance that one needs before they can go to any other country as well.

please do not give advice, if you do not have the facts correct. once someone has been deported from a country, it is very hard to get documentation to work in any other country for quite sometime.

the poster that you are giving information to also entered the us as a child, and overstayed their visa for many years; that is something completely different and they did not pursue getting things straightened out the entire time that they were in school for the bsn. this is actually looked at poorly by the us government. there were more than four years of ample opportunity to get things taken care of if they could have been.

i would appreciate it if you took the time to do some reading here and find out exactly what is true as to what you have posted and what is not. pearson-vue actually handles the nclex exam for the entire world, not just specific states in the us. they are actually under contract to handle the testing for nurses wishing to work in the us around the world per the board that handles the testing here. one must still get approval to sit for the nclex exam and this is what caused problems to begin with. when one attends school here in the us, they apply for licensure before they have even graduated; things are done differently when one attends school out of the us and one wishes to work in the us as a foreign grad.

Police clearances are also required anytime anyone has spent more than six months in a country. This is going to be needed as well and will show up on their documents.

If one attends school here and does not have the proper documentation then they can get in big trouble and unfortunately we have seen it happen over and over again. Attending school here does not make one immune from being deported from the US. If they attended, and not saying that they should have; then smartest move would have been to leave the US as soon as they were out of school and apply for licensure from out of the country and without a SSN# that usually would not be legal. They then could have gone thru the process of going thru Consular Processing and more than likely would have been able to enter the US again.

Now they are in a real pickle for more than ten years and most other countries are not going to take them with a landed immigrant visa.

Let this be a warning to others that are in the same predicament; either consult with an attorney to get things taken care of before 21 or leave the US immediately as soon as studies are completed.

It is much too late to even try anything once you have been deported.

Yes, it is not needed. I am very aware of the fact that the SSN# is not needed for most states to write the NCLEX exam. But you are entirely missing the point and that is that they would have submitted the application before they graduated as that is what most students do here in the US.

The issue is also that the majority of the states here also do not issue a license if one cannot provide a SSN# to them that is valid and legal.

That is what caused their problem. But that is a moot point now since they have been deported and a police clearance is required for them before they can go to any country with a landed immigrant visa.

Being able to write the NCLEX exam is not going to solve any problems once one is deported. There is nothing that can correct that or have them gain entry into most other countries with immigrant status or to be able to work there.

This is what I am trying to explain to you. I also set up this international forum several years ago for the most part so I am quite familiar with what goes on in the US in terms of immigration as well as licensure. Once one is deported from the US, they are in a real bind. And especially if it is for ten years and not the three years that some get. The government was truly trying to get their point across.

And there is no requirement for any state that you must go thru that state for licensure if you attended school there. No such thing and have never, ever seen that to be the case with any state here in the US.

Not sure where you went to school, but these are things that should have been covered in your program; not what you are posting.

There is much that you can learn by both reading here and in the Canadian forum if that is where you wish to work. But I would most definitely take the time reading before doing anything else. There is actually information that you truly need to be aware of, but it is apparent that you are not.

We understand that mo0nlessnights is in trouble. There is no need to say that over and over again. What is the solution? How she can get licensed in Canada?

That is the problem, she cannot at this time. Does not matter that she wishes to go for licensure in Canada and be able to work there. The issue is not even the license, and for that she would have to take and pass the NCLEX as a start. She will not be able to get a satisfactory police clearance, and that is needed for any immigration procedures. For any country, not just the US or Canada. That is where 100% of the problems are.

Unfortunately, when one gets deported for overstaying a visa, there is not much else that any other country will be willing to do. There was a five year period where things could have been done, but it is past that now. And when one is in immigration detention, they have to go for hearings in front of an immigration judge. The immigration detention centers are attached to federal prisons here in the US and are essentially a prison. One does not get to chose their cellmate, and everything must be paid for by them. It is not like the federal prison where the government pays for things. At times, one will get a three year ban, we see that quite a bit; but when it is the maximum of ten years, then the judge was upset about something. Otherwise you do not usually see this. There had to have been other issues as well.

The US is trying to make a point here. Why she was chosen with her family, no idea; none of us will ever know that. But any country that requires a police clearance is not going to get a satisfactory one based on overstaying the visa and being deported for ten years. Consider it like getting a maximum sentence for something; the only way or reason that one gets the maximum is that someone was upset about something. They are usually more lenient than that. There is much more to this story than we will ever know or that we would want to see poster here by the original poster. It could come back at them to cause issues for them later on.

Overstaying even one day now on a visa is grounds to get deported; overstaying for this many years and then other issues become part of it such as working here without valid document to do so, etc.

Even with people being concerned, this is something that she is going to have to deal with in her home country at this time.

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