For those of you that are studying in the US under either an F-1 visa, or any other where you do not have permission to work, and will need to apply for a green card when you finish your schooling-----this is for you.
You must meet all of the requirements for immigration that a foreign-trained nurse does, the only exception that you have is that the English requirements are waived for you. You still need to submit the application and get a Visa Screen Certificate. This is offered by CGFNS and the application is available on their website, http://www.CGFNS.org. There is only one application available, whether you did your training in the US, or overseas.
You will still need to find an employer that will petition for your green card. You will still need to undergo a physical exam at a physician's office that is approved by USCIS an have verification of all titers and vaccinations. If you do not have verifiable proof of having had chicken pox, etc., you will need to have either a titer drawn, or receive the vaccination. Immigration is very strict now with this, they will no longer go on what you are verbally telling them.
Hope that this helps...............most of you will also be able to get an OPT for one year of training while your documents are being processed, but you can only receive the OPT once, especially if this is now a second career for you, and you already used your OPT status for the other.
If you are coming to the US just for the MSN, and already have a BSN from overseas, you will be required to write the English exams. You are only exempt from them if this is your initial training as a nurse, meaning ADN or BSN only.
Your visa is not valid, it goes by the date that is stamped in the passport when you entered the last time. Think of your visa as being the same as the tourist visa, even if it is given for ten years, it still has a requirement as to how long the stay is valid for. So you are overstayed technically, and this is per immigration attorneys. You need to get that taken care of before you apply for the OPT, or it will be grounds for deportation, and you can be picked up by INS. They are doing that now for the littlest thing.
This is a mistake that many make, many stay thinking that they are current, but it is per the date that immigration stamped in when you arrived. Getting stopped for a traffic citation could cause you major issues.
At the moment there is a retrogression in place, not one thing can be done as far as a petition for a green card, there are no options available to you other than the OPT until more visas are created.
Getting your visa current is as simple as just leaving the country and then returning, again, speak to an immigration attorney. An Adjustment of Status cannot be filed if you are out of status........even if there were visas available to you. You still have the I-20 so you do not need to return to your country, but just cross the border and return. Essentially like that, but speak to an immigration attorney first. That is usually all that is required.
Hi Suzanne,
Thanks for your detailed reply.
I am already considering your advice regarding getting my visa current by consulting an immigration attorney. However, I have a couple of questions that I would need further clarifications.
Since I do not need to return to my country, do you mean I can cross the border (i.e.. San Diego - Tijuana border) and still I would be able to return back to the US territory? How can that happen if my F-1 visa is expired? What I am most afraid of and worried about that is that in case I would cross the border, worse comes to worst, I might not be able to come back to the US. Thus, I might jeopardize my whole study and last semester in school.
Another question, how long do you think is the process for applying for OPT?
Just a clarification on the F-1 student status: When you enter the US on a student visa or when you change your status to F-1 from the U.S, you are usually admitted for the duration of your student status. That means your departure date will indicate D/S (for duration of status). What this means is that you may stay in the country for as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. You are still in legal status. Make sure your I-20 and passport are current.However, if you happen to depart the U.S. with an expired visa, you are expected to return with a new Visa. There is more information on the U.S. state Dept. website: http://travel.gov/visa. Click on frequently requested visa information. Then go to student visa section.
Yes, but look closely at the date that the students mentioned about their I-20. They will graduate in May, 2007, but their I-20 is valid until May, 2008. As soon as they graduate and do not meet the student hours, that visa had two months left on it and they will not be current.
And the other way to look at it, most do not leave the US as they will need to get a new visa to return. Right now, INS is having a major crackdown on visas that are out of status, and they are pocking up and asking questions afterwards. The attorneys that I am in contact with highly suggest that the status be very up to date at all times right now.
I am already considering your advice regarding getting my visa current by consulting an immigration attorney. However, I have a couple of questions that I would need further clarifications.
Since I do not need to return to my country, do you mean I can cross the border (i.e.. San Diego - Tijuana border) and still I would be able to return back to the US territory? How can that happen if my F-1 visa is expired? What I am most afraid of and worried about that is that in case I would cross the border, worse comes to worst, I might not be able to come back to the US. Thus, I might jeopardize my whole study and last semester in school.
Another question, how long do you think is the process for applying for OPT?
I greatly appreciate all your responses.
Again as stated above, talk to an immigration attorney that specializes in nurses.........the process for the OPT is just about two months or so, the key to it is that it must be applied for before graduation, or it will not be available to you. January is too early, especially since it will not go into effect for at least six months. You really want to have the NCLEX dome before you start with your OPT time.
please read this, it is taken directly from the us state dept website, especially the part about overstaying the visa, and that visa date is dependent on what is placed on the i-94 when you enter the us, not what the i-20 gives as the date. i still stand by what i have been stating and will continue to do so. if your i-94 is expired, then you are out of status per us immigration code.
entering the u.s. - port of entry
a visa allows a foreign citizen coming from abroad, to travel to the united states port-of entry and request permission to enter the u.s. applicants should be aware that a visa does not guarantee entry into the united states. the department of homeland security, u.s. customs and border protection (cbp) officials have authority to permit or deny admission to the united states. if you are allowed to enter the u.s., the cbp official will determine the length of your visit on the arrival-departure record (form i-94). since form i-94 documents your authorized stay in the u.s., it's very important to keep in your passport. student visitors must have their form i-20 in their possession each time they enter the united states. upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the us-visit entry-exit program. in addition, some travelers will also need to register their entry into and their departure from the u.s. with the special registration program. the department of homeland security, customs and border protection internet site offers additional information on admissions/entry requirements.
staying beyond your authorized stay in the u.s. and being out of status
you should carefully consider the dates of your authorized stay and make sure you are following the procedures under u.s. immigration laws. it is important that you depart the u.s. on or before the last day you are authorized to be in the u.s. on any given trip, based on the specified end date on your arrival-departure record, form i-94. failure to depart the u.s. will cause you to be out-of-status. additional information on successfully maintaining your immigration status while a student or exchange visitor can be found on the immigration and customs enforcement (ice) website.
staying beyond the period of time authorized by the department of homeland security (dhs) and being out-of-status in the united states is a violation of u.s. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the u.s. select classes of aliens ineligible to receive visas to learn more.
staying unlawfully in the united states beyond the date customs and border protection (cbp) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with ina 222(g). under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the u.s., your visa will be automatically voided. in this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.
for nonimmigrants in the u.s. who have an arrival-departure record, form i-94 with the cbp admitting officer endorsement of duration of status or d/s, but who are no longer performing the same function in the u.s. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a dhs or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.
financial documents from you or your sponsor, showing your ability to cover the cost of your schooling.
how long may i stay on my f-1 student visa?
when you enter the united states on a student visa, you will usually be admitted for the duration of your student status. that means you may stay as long as you are a full time student, even if the f-1 visa in your passport expires while you are in america. for a student who has completed the course of studies shown on the i-20, and any authorized practical training, the student is allowed the following additional time in the u.s. before departure:
f-1 student - an additional 60 days, to prepare for departure from the u.s. or to transfer to another school.
m-1 student - an additional 30 days to depart the u.s. (fixed time period, in total not to exceed one year). the 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. an m student may receive extensions up to three years for the total program.
as an example regarding duration of status, if you have a visa that is valid for five years that will expire on january 1, 2001, and you are admitted into the u.s. for the duration of your studies (often abbreviated in your passport or on your i-94 card as "d/s"), you may stay in the u.s. as long as you are a full time student. even if january 1, 2001 passes and your visa expires while in america, you will still be in legal student status. however, if you depart the u.s. with an expired visa, you will need to obtain a new one before being able to return to america and resume your studies. a student visa cannot be renewed or re-issued in the united states; it must be done at an embassy or consulate abroad.
if the i-94 is stamped with an actual date and not d/s, then it is out of status when it expires. as soon as you graduate, you are given 60 days to get in status with the ead, or aos. this is the point that i am making, if it did not say d/s and it has expired, there are issues.
Just a clarification on the F-1 student status: When you enter the US on a student visa or when you change your status to F-1 from the U.S, you are usually admitted for the duration of your student status. That means your departure date will indicate D/S (for duration of status). What this means is that you may stay in the country for as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. You are still in legal status. Make sure your I-20 and passport are current.However, if you happen to depart the U.S. with an expired visa, you are expected to return with a new Visa. There is more information on the U.S. state Dept. website: http://travel.gov/visa. Click on frequently requested visa information. Then go to student visa section.
Please see what I have posted from the State Dept above. If the I-94 has a date and does not state D/S and is overstayed, then it is overstayed. Normally it will not have an expire date, but if it does, then it is considered overstaying......please read the section above what you were referring to.
The I-94 will not normally have an expiration date for a student, but if it does, that is what you need to go by...not the actual date of the I-20. This is where major problems have been coming up from.
I am international student and i graduate in August 07.I went to canada two years ago to renew my visa and i have a valid visa that expires in sep 07.I intend to stay in the US and look for an employer who will fill for me as soon as i graduate.I am moving to NY area when i graduate.What are my chances of getting an employee and can i renew my visa?i can always go back to canada in the summer to renew my visa.What is your advise for me.
I am international student and i graduate in August 07.I went to canada two years ago to renew my visa and i have a valid visa that expires in sep 07.I intend to stay in the US and look for an employer who will fill for me as soon as i graduate.I am moving to NY area when i graduate.What are my chances of getting an employee and can i renew my visa?i can always go back to canada in the summer to renew my visa.What is your advise for me.
Eki
Right now there is a retrogression in place, and if you do not qualify for the OPT, there is not one thing that can be done for you to begin work.
Next thing to be concerned with is that in NY you are going to have issues trying to find an employer (hosptial) to petition you, it is just not being done there right now.
If you are on a student visa and it expires, you have 60 days once you graduate to get an employer. The student visa cannot be renewed unless you continue as a full-time student.
Currently, no petitions are being accepted by USCIS for an Adjustment of Status for an RN, that is where your problem is. And where were you born?
Thanks for the mail.i qualify for OPT and i am already in the process of doing that.I was going to move ahead and get my MBA so that i can have f-1 again.I was born in Nigeria.Do you know any state that petition for their nurses?Thanks for the response again
Thanks for the mail.i qualify for OPT and i am already in the process of doing that.I was going to move ahead and get my MBA so that i can have f-1 again.I was born in Nigeria.Do you know any state that petition for their nurses?Thanks for the response again
Right now, there is not one state in the US that can do any petitioning, all are under the retrogression at this time, therefore the only thing that you have available to you right now is the OPT. The OPT will permit you to work, and will give you a year from the time that you get it and it becomes effective. If in the US, the only thing that can be done is the I-140 and it will not give you permission to work. The petition for the Adjustment of Status and for the EAD is currently on hold.
Do you have any idea of where you would want to live?
Please see what I have posted from the State Dept above. If the I-94 has a date and does not state D/S and is overstayed, then it is overstayed. Normally it will not have an expire date, but if it does, then it is considered overstaying......please read the section above what you were referring to.
The I-94 will not normally have an expiration date for a student, but if it does, that is what you need to go by...not the actual date of the I-20. This is where major problems have been coming up from.[/quote
"The OPT will permit you to work, and will give you a year from the time that you get it and it becomes effective. If in the US, the only thing that can be done is the I-140 and it will not give you permission to work".
Thanks again.What is I-140?can i file that along with OPT and still be able to work?can i petition for my self when visa's become available with a letter of appointment and my lawyer?I intend to settle down in NY.Do you know any hospitals that have the likelihood to petition when the retrogression is lifted?can i also go home to visit while i am on OPT and not be scared i will be refused Re-Entry?I really want to go home for christmas this year.I have never been home.
Specializes in Medical and general practice now LTC.
[quote=ekiosaghae;2025210
Thanks again.What is I-140?can i file that along with OPT and still be able to work?can i petition for my self when visa's become available with a letter of appointment and my lawyer?I intend to settle down in NY.Do you know any hospitals that have the likelihood to petition when the retrogression is lifted?can i also go home to visit while i am on OPT and not be scared i will be refused Re-Entry?I really want to go home for christmas this year.I have never been home.
we want you to know
slice_gingerale
5 Posts
Hi Suzanne,
Thanks for your detailed reply.
I am already considering your advice regarding getting my visa current by consulting an immigration attorney. However, I have a couple of questions that I would need further clarifications.
Since I do not need to return to my country, do you mean I can cross the border (i.e.. San Diego - Tijuana border) and still I would be able to return back to the US territory? How can that happen if my F-1 visa is expired? What I am most afraid of and worried about that is that in case I would cross the border, worse comes to worst, I might not be able to come back to the US. Thus, I might jeopardize my whole study and last semester in school.
Another question, how long do you think is the process for applying for OPT?
I greatly appreciate all your responses.