Starting my RN career

Silverdragon102, BSN · Sep 6, 2007

I'm in the US now and I just passed my nclex exam (im a USRN now) I'm out of status and am currently looking for a hospital who could direct hire me and sponsor my green card visa possibly..
Does anyone of you know a hospital that fits these?

I suggest you check out the International forum and read up on retrogression. Currently there are no visas to adjust and also because you are out of status you can not adjust.

lawrence01 · Sep 6, 2007

Moved your thread here in the International Nursing Forum where you'll receive more responses. Thank you for understanding.

ca-us rn · Sep 6, 2007

if your out of legal status there is no way that you can be sponsored by hospital.

suzanne4, RN · Sep 6, 2007

Out of status, then no visa that can be adjusted.

No visas available now to adjust to, so you cannot remain in the US either.

If you came here on a tourist visa, and that expired, you need to leave the US. Period. There is not one thing that anyone can do so that you can remain here. You can try to find all of the employers that you wish, but USCIS will not permit you to obtain a visa to stay and work here.

There is also a retrogression in effect, so there is no way that you can remain in the US. This has been a very well known fact for almost a year, so it is not anything new.

Be aware that if you get picked up for anything, no matter how minor, you are subject to deportation for ten years and will not be permitted to reenter the US for any reason.

Not a wise thing to do at this time.

SilverSurfer · Sep 7, 2007

I'm in the US now and I just passed my nclex exam (im a USRN now) I'm out of status and am currently looking for a hospital who could direct hire me and sponsor my green card visa possibly..
Does anyone of you know a hospital that fits these?

Because of the retrogression, you cannot adjust status and no hospital will sponsor you for a greencard..unless you have a family petition filed for you, (I-130). So that you can be qualified for sec245i, to be able to adjust status.Seek the advise of an Immigration lawyer.

suzanne4, RN · Sep 7, 2007

Because of the retrogression, you cannot adjust status and no hospital will sponsor you for a greencard..unless you have a family petition filed for you, (I-130). So that you can be qualified for sec245i, to be able to adjust status.Seek the advise of an Immigration lawyer.

sorry but what you have posted does not apply to her, especially if she came to the US on a tourist visa and then just stayed. ICE is frowning on this and deporting if they are picked up.

The sec245i does not apply as she did not train here in the US and has been here for the required number of years. Family cannot petition her here with her in the US, and it is years to get the visa with that. It needs to be done out of the US. But right now with an overstay on her visa, it is going to be difficult to get anything done. And even more so since there are no visas available, and the retrogression expected to be continuing for those from PI for sometime.

Only option is to leave the country on her own, and then get petitioned from out of the US thru Consular Processing. The Visa Screen Certificate is also needed and that takes a couple of months to get.

There just is no way to legally remain in the US, and she will get the same information from any reputable attorney.

machu_pichuRN · Sep 7, 2007

i'm in the us now and i just passed my nclex exam (im a usrn now) i'm out of status and am currently looking for a hospital who could direct hire me and sponsor my green card visa possibly..
does anyone of you know a hospital that fits these?

because of the retrogression, you cannot adjust status and no hospital will sponsor you for a greencard..unless you have a family petition filed for you, (i-130). so that you can be qualified for sec245i, to be able to adjust status.seek the advise of an immigration lawyer.

unfortunately, 245i is not anymore in effect; it was only good until april, 2001. there is another us immigration regulation that might benefit "kjaonline", if these two conditions exist: (1) there is no retrogression (i.e. visas for eb3 is current or schedule a for nurses/pts is put in place); and (2) the intended beneficiary did not overstay for more than 180 days (6 mons) in the u.s. for one to be eligible for this immigration benefit, the two conditions must exist, otherwise the opportunity is lost.

lawrence01 · Sep 7, 2007

unfortunately, 245i is not anymore in effect; it was only good until april, 2001. there is another us immigration regulation that might benefit "kjaonline", if these two conditions exist: (1) there is no retrogression (i.e. visas for eb3 is current or schedule a for nurses/pts is put in place); and (2) the intended beneficiary did not overstay for more than 180 days (6 mons) in the u.s. for one to be eligible for this immigration benefit, the two conditions must exist, otherwise the opportunity is lost.

yes, this is true. i am just about to post the same thing. section 245(i) expired on that said date and only those petitioned on or before it are qualified for it. it was removed and not re-authorized again because it was grossly unfair.

if anyone know friends that were out of status and that is what their lawyer quoted to them then you are sure that that person is now illegally staying in the us as there is no way to file for aos once one gets out of status. also, this expired pre-9/11 and us immigration is much, much stricter now.

*references on section 245(i):

http://www.fairus.org/site/pageserver?pagename=iic_immigrationissuecenters326f

http://www.visalaw.com/01apr3/12apr301.html

http://www.ilrc.org/resources/sijs/faq245.html

SilverSurfer · Sep 7, 2007

Yes, this is true. I am just about to post the same thing. Section 245(i) expired on that said date and only those petitioned on or before it are qualified for it. It was removed and not re-authorized again because it was grossly unfair.
If anyone know friends that were out of status and that is what their lawyer quoted to them then you are sure that that person is now illegally staying in the US as there is no way to file for AOS once one gets out of status. Also, this expired pre-9/11 and US immigration is much, much stricter now.
*References on section 245(i):
http://www.fairus.org/site/PageServer?pagename=iic_immigrationissuecenters326f
http://www.visalaw.com/01apr3/12apr301.html
http://www.ilrc.org/resources/sijs/faq245.html

if you have an oustanding family petition that was filed before January, 1998 or have been living here last 2001, your petition can be "grandfathered" or transferred. Meaning if a hospital or employer is willing to petition you, you can use your old petition inorder to be able to adjust status. This only applies to persons with approved I-130.

SilverSurfer · Sep 7, 2007

I have friends who used that "route", fortunateley for them they had tourist visas to go in the US and at the same time they had approved I-130.

lawrence01 · Sep 7, 2007

if you have an oustanding family petition that was filed before January, 1998 or have been living here last 2001, your petition can be "grandfathered" or transferred. Meaning if a hospital or employer is willing to petition you, you can use your old petition inorder to be able to adjust status. This only applies to persons with approved I-130.

Yes, that's true but we are talking about someone who just recently went to the US on a tourist visa and also just recently been out of status and not everyone has an outstanding family petition that was filed before 1998 and OP never mentioned she has one. There is also retrogression right now, so even if somehow OP is 'grandfathered', w/c I doubt, she can't adjust status as well since AOS is not allowed to be filed during retrogression.