Published Jul 24, 2009
I am petitioning my wife and step son for 1-130 green card status. They are both 4th year BSN students and will graduate in March. They will take the NLE and NCLEX upon graduation, and most likely the California or Oregon BON.
My question, since I am petitioning as spousal/son non quota visa, are they required to have CGFNS /Visa Screen as well as NCLEX ??
I have "googled" and found only the following on "Shusterman":
I am a foreign-educated health care professional who is seeking to obtain my permanent residence status based on my relationship (e.g., spouse or minor) to a U.S. citizen. Do I need to obtain a VisaScreen® Certificate?
No. Foreign-educated health care professionals who seek permanent residence status based on their relationship to an American citizen are not subject to Section 343 and do not need to obtain a VisaScreen® Certificate.
In an abundance of caution, I would like at least one more opinion with citation please.
Thanks for your kind attention!!
Hoss (In Baguio City)
My understanding if they are not the main applicants then they do not need a VSC, however if your stepson is over 21 I believe they fall into a different category and waiting many years for a visa so may find it quicker to find a employer of their own and if they do then they will need a VSC
Moved to the International forum as per the red banner
Corey Narry, MSN, RN, NP
I agree with above.
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
(source: USCIS website)
To downolad I130 Form: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
I-130 has nothing to do with being a nurse, hence, no Visa Screen requirement. It is not an employment-based visa. Anyone can be petitioned as long as the petitioner is eligible to sponsor the applicant.
Hoss, I forgot to mention that you have two separate issues to deal with:
1. Immigration - this is easy enough. You file for I-130 for spouse and stepson. Stepson may have a wait if he doesn't fall under "immediate family" (based on his age, if over 21, he doesn't).
2. Licensure - find out how they can be eligible to take the NCLEX by visiting the CA BON website: http://www.rn.ca.gov/, and OR BON webiste: http://www.oregon.gov/OSBN/.
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