Visa Screen & Greencard For US Educated Nurse

suzanne4, RN · Jun 22, 2006

Hi all,
I hope someone can provide me with the information that i need.
First of all, i just need to vent!! I just found out yesterday from the lawyer i'm filing with that we must also go through the horrific Visa screen process despite the fact that we graduated from an American accredited school! I've already done and passed NClex, and i thought that's all i needed in order to start filling.....
My lawyer said that i have to get the visa screen before she can file at all. I've been told that the visa screen could take up to 4 months! My OPT is only 6 months long coz i used half for my externship.
Does anyone know if this is really a new BCIS policy that you can't file without the i visa screen, or is this lawyer just not very well informed? Coz i always though that people could file without the visascreen and in the meantime get a work permit within 4-6 weeks, and closer to the end the BCIS would then request the Visa screen.
My biggest concern is that it may take so long to file that my OPT will expire.

The just put a hold on putting that new ruling into place. But actually it was the policy from the beginning, it just has not been enforced. And yes, since you do not have a US passport, you need to get a VSC, but you are blowing it completely out of proportion, and I do not know why. You graduated from a US school, and do not have to take the English exams, those have been waived for you, and it only takes about four weeks for you to get the VSC, so not sure what the RANT is about as you call it. So give your attorney the updated information, it is effective as of 16 June 2006, the VSC os not required with initial application.

The VSC has no bearing on your OPT, you can work with just that, the VSC is strictly for green card processing.

And just because you graduated her in the US, the only thing that is waived for you as far as immigration is the series of English exams, nothing more. It does not give you any extra entitlement.

suzanne4, RN · Jun 22, 2006

You do not even need to file the AOS for you to have the EAD that comes with the OPT. Not sure where you are getting your information from, they are two completely different things.

caroladybelle, BSN, RN · Jun 22, 2006

The fact is if you are not a citizen of the USA, there are limitations on you working in the USA.

The school that you attended does not alter your citzenship.

The government (especially post 911) has a right to regulate the noncitzens working within its boundaries. Where you received your education does not alter that necessity.

JMtwo · Jun 22, 2006

Thanks both for your replies.

I really just needed to vent out my feelings, i know i'm not entiltled to anything.. It almost seems that i'm being yelled at.... i just thought that this was a site where i could vent out my frustrations with this whole immigration process, since there are so many people in a similar situation. And really me expressing what i feel doesn't mean that i think i'm entilteled to anything. If i thought i was, or if i thought i was a citizen i wouldn't have gone through what i have so far. And really it's been one long journey.

I was just caught by surprise when i really thought i had everything lined up and the lawyer told me she can't file yet. And she never told me about this back in April when i first met her. And yes she's the one who told me that the Visa screen takes 3-4 months. That means according to those predictions that if we file maybe in September or October, then i'll be really cutting close My OPT expiration which is in November. Yes i do already have the OPT, the work permit i was talking about is the one you get after you've filed, while waiting for the greencard. I would need that since my OPT is only for 6 months.Since as i've heard in Texas the Greencard is taking 4-6 month, so i might have some months without work authorization if my OPT expires before i get the greencard. Maybe i'm uninformed to a lot of things and that's why i thought that this site may be helpful.

Lulu76 · Jun 22, 2006

Let's be supportive of each other.

I think if JM or anyone else thought he/she was a citizen or was entitled to special tretment then they wouldn't even be going through the filing process. Really there's no need to be condesceding to one another.

RNB4LONG · Jun 22, 2006

I was also advised by a lawyer this week that VSC will take 4 months even though I graduated from a US school. I was also advised previously that without OPT all I had to do was sit for NCLEX and start petition. Now I'm being told I will be out of status soon and may have to go home. I've learned the hard way that you just have to do your own homework and follow Suzanne's advice because in my opinion she's the only one who has her finger on the right info

suzanne4, RN · Jun 23, 2006

Let me clarify a few things for all of you, and perhaps this will help.

The OPT has absolutely nothing to do with the green card, or the AOS process. It permits you to work for up to one year to get additional training in the area where you got your degree. Some have used up part of that time and have less than that amount of time left. With the OPT, you get what is called an EAD, Employee Authorization Document, which permits you to work legally. Once you have a SSN# and you can get it with that. You do not even need to have an employer that is willing to petition at that point, you can begin work and then look around for someone.

The AOS, Adjustment of Status, is something completely else. It is what you do when you are in the process of applying for a green card, and are already in the US, and have a current, legal visa to be in the US. You are adjusting your visa that you have with this, while you are waiting for the processing to be completed.

Does in need to be started right from the beginning? No, it does not. You can start work with your OPT, then work on getting things ready for the AOS.

In the US, the processing of the VSC is much quicker when you go thru an American program that it is when you graduate from overseas. You need to have the AOS petition filed before your OPT is up, it does not need to be started as soon as you graduate, if you have the OPT. If are not qualified to get the OPT, then you will need to get the petition filed as soon as possible.

Back when the VSC became mandatory for everyone, the rulings actually were that you needed to have a VSC to submit with all petitions, but then they backed away from it for the AOS when it was filed initially. And you had a few extra months to obtain it. New rulings recently went into effect that required it to be submitted again, but as of 16 June, that has been put on hold. The rulings are constantly changing.

Even right now, if you come over on a K-1 visa, etc., you do not need the VSC and the English exams, but down the line, I expect that to change as well. Whether it will be a year from now, or even five years, it is on the horizon. The government wants to know the full details of anyone that will be working in the health care arena.

Hope that this clears up any questions........... :mad: