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Discussion

undocumented immigrant

Hi Peep!

hope you all are doing great and having a fantastic Sunday, I have a question and I know some will be judgmental and some won't but either way life goes on.

Question: can an undocumented person sit the NCLEX? the person do own a SSN completed the nursing program and wanted to know if they can sit the exam, no criminal background.

Featured Replies

  • Experts

Interesting in that this "undocumented immigrant" could complete the nursing program yet could not complete the process in order to become a citizen.

 

  • Author

I am sure that was not the question that was asked, but if your comment make you feel like a man then it okay be yourself...cheers!

I'm guessing you don't understand how that works. It can take decades through the courts for naturalization, lawful permanent resident, etc. So yeah, they could be going through that process, yet finish nursing school first. 

  • Author

Thank you for understanding 

Were you attending school under DACA?  Under what conditions did you obtain a SSN or are you using a ITIN?   Have you applied for asylum or PR?  Do you have work rights?  What state?  My state a valid SSN is required to check for child support obligations,  state or federal tax obligations and to confirm not barred from practice in the national practitioner data bank (NPDB). An ITIN will no longer be accepted.  Plus state & federal criminal background checks. 
 

so the answer is maybe. The nursing schools I attended would work with you prior to enrollment to confirm you are eligible to be licensed in this state and as a compact licensee.  (They did this for a classmate with a pending green card to ensure they would be eligible for a valid SSN.  Another candidate was not eligible so they deferred their admission as no point in admitting to the nursing program if not eligible for a nursing license.)

 

 

it depends on the state.  If you have special circumstances and an asylum or visa application in process. Etc. 

I know for profit private schools will admit anyone who can pay the costs & fees even if not eligible for a license (clinical background checks are not as in depth as professional background checks). Cash paying students don't use financial aid.  That's why such programs are often called "diploma mills" 

  • Author

It was obtain through work authorization a few years ago.

Background check and criminal,  child abuse clearance etc all that was done before on numerous occasions. 

No DACCA program etc ..Just undocumented with a SSN.

Once you get a SSN it will always be yours wether you have a legal status or you don't have legal status, it just that it has restrictions from DHS .

FBI background check will be passed and okay, it just if the nursing board will issue your a nursing license after passing the NCLEX as an undocumented immigrants. 

If you were allowed to go through nursing school and attend clinicals, you should be able to sit for exam. The school I went to did the background checks. If something  came up, the instructors pulled you aside and addressed it. 

Good luck

Help me understand what "undocumented" means. If you have a SSN, isn't that a document? 

  • Author

No it not, undocumented mean you don't have legal paper , you came on a work visa got a ssnand the visa expired so you become out of staus but you ssn doesn't expired

gally said:

No it not, undocumented mean you don't have legal paper , you came on a work visa got a ssnand the visa expired so you become out of staus but you ssn doesn't expired

If you are undocumented with a SSN not valid for work since you are out of status this can be flagged at USCIS especially in the current climate.  It's not the same background done for licensing that a school does. The school and clinical won't see flags for items that were expunged but the licensing board will have full access    Whether you can without lawful presence in the US regardless of reason (overstayed a student or visitor visa or hid in the bottom of a cruise ship and somehow were able to get a SSN issued or floated on a lashed raft from Greenland) it depends on the state whether you can sit for NCLEX.  Some states have provisions for those with temporary status but technically no state should be licensing a candidate with "unauthorized presence" in the U.S.   (I don't like the term undocumented as surely you are more than a cabbage patch doll. Same as referring to people as "illegals" it's so demeaning to another human life.)

 

reality is you will take a risk applying for a nursing license in the U.S. right now without a valid visa, asylum, PR, or naturalized citizen status.  Only you know whether the risk of highlighting your current status to "authorities" is worthwhile.  And it's the process of applying that can potentially trigger an alert not the state Board of Nursing.   
 

I know obtaining LPR status is not quick or simple;

you never stated which state but you need to look at the application for the state BON where you currently reside.  It may be a requirement.  Jumping states won't solve the issue especially after Operation Nightengale. 

ValLyn said:

If you were allowed to go through nursing school and attend clinicals, you should be able to sit for exam. The school I went to did the background checks. If something  came up, the instructors pulled you aside and addressed it. 

Good luck

An overstayed visa won't show up on clinical background checks or school checks. It may be an issue when applying for a nursing license depending on the state.  It will prevent you from working as a nurse legally in the U.S.   and most facilities accept Medicaid or Medicare so they are subject to additional regulations 

 

gally said:

It was obtain through work authorization a few years ago.

Background check and criminal,  child abuse clearance etc all that was done before on numerous occasions. 

No DACCA program etc ..Just undocumented with a SSN.

Once you get a SSN it will always be yours wether you have a legal status or you don't have legal status, it just that it has restrictions from DHS .

FBI background check will be passed and okay, it just if the nursing board will issue your a nursing license after passing the NCLEX as an undocumented immigrants. 

Again it depends on the state BON which does different checks than a school or clinical site.it can be flagged if your SSN is marked ineligible for employment due to expired work visa when they check tax records and child care obligations 

  • Experts

You will have to review the state application for licensure to see if there is a stipulation regarding status or ability to work.  Be extremely careful, it isn't always worded as clearly as you'd hope.  Most important, do not lie. 
Your biggest issue will be that you can't work once you get your license. You won't qualify for any special programs for foreign nurses due to your overstay. If you leave the USA you'll be unable to re-enter for 3-10 years. 

I had an immigration issue and had this same problem when I graduated. 10/10 don't recommend. 

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