Is Visa Screen needed upon applying for Adjustmnt of Status?

Published

As in my case, i plan to go to the US on a tourist visa and take the nclex there. they say it is possible to have an adjustment of status with the help of an immigrant lawyer in order to be given a work permit and subsequently an immigrant visa. My question now is this: is the Visa Screen Certificate needed upon application for adjustment of status, or can a person apply for an adjustment of status even if his visa screen certificate is still being processed?

this is the dilemma i'm facing: should i go to the US right away (after i take my cgfns this nov) and take the nclex in order to 'beat' the retrogression speculations, or would it be better to have my visa screen processed while i'm still here in the philippines, and just go to the US probably early next year? that way when i arrive in the US i already have my visa screen certificate, and therefore, if indeed the visa screen certificate is needed for adjustment of status, there is a lesser chance for me to be out-of-status.

any input would be highly appreciated.:)

Up Vote Up Vote ×
Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

Hopefully, someone will be along soon to help you. We have a couple of resident experts on our boards. Good luck.

Up Vote Up Vote ×

hey guys, just following up my concern. anybody can share their inputs? please? thanks:uhoh3:

Up Vote Up Vote ×
hey guys, just following up my concern. anybody can share their inputs? please? thanks:uhoh3:

Yes, you need it. Try posting this on the International forum for better results. ;)

Up Vote Up Vote ×

I took the liberty of moving your post to the International forum. Anything having to do with immigration type questions should be there, as most others do not have any idea of this.

Currently, the VSC is not required when the AOS is submitted, however, be aware that you must be in the US at least 60 days before the papers can even be submitted, then you have another 60 days or so before you can get your EAD, and then another week or so before you can get your SSN#, so you are talking about at least a 4 1/2 month wait on average before you begin. And that it is illegal in immigration's eyes to come to the US on a toursit visa for the reason of finding a job and staying.

So, you will be making it harder for anyone that wants to come to the US on even a tourist visa in the future. They watch closely who doesn't return.

Up Vote Up Vote ×

Suzanne, I am not sure if it is typo but you do not need to be in the US for 600 days (thats 1.5yrs on a tourist visa!!) to qualify for AOS:o

For AOS you need to be in the US for 90 days on a legitimate visa (like tourist, business ) after which you are eligible for an employer petitioning for AOS. You can do without VisaScreen at the time of petition and Immigration will come back with RFE (Request for Evidence), most often they give a time limit of 90days to submit however in some instances they give only 30 days. If that is the case you have to be extremely sure of CGFNS issuing your VSC, there are absolutely no extensions to this timelimit.

FOr Nurses seeking AOS best is to apply for VSC at the same time you apply for US license/NCLEX, they keep your file active for 2 years so no worries if you have not appeared/passed NCLEX. As long as you pay the fee they will review and approve other documentation in the meantime.

I know this since I to a few Immigration lawyer friends in NY for advice and did some research myself.

Hope it helps.

Up Vote Up Vote ×

Sorry, that was typo, it is 60 days before you can have an AOS filed. Thanks for bringing to my attention.

But, also keep in mind if the nurse comes over on a visa waiver, that cannot be adjusted. So anyone wanting to get an AOS in the US, must have an actual visa that can be adjusted. Visa waiver countries are the EU countries, and any that do nto require a physical visa in your passport to come to the US.

Up Vote Up Vote ×
+ Join the Discussion