Question: I am a nurse and have just passed the NCLEX.
I have a hospital who is more than willing to sponsor me.
However, I have a big problem.
In order to apply for the Green Card through the Nurse Petition, I need to have my unrestricted State License.
Under normal circumstances people can get their license as soon as they pass the NCLEX.
However, I cannot get my license without a social security number.
I cannot get a social security number without a work permit.
So, I am stuck.
I am so close to getting the Green Card, yet not able to continue.
Is there anything I can do? ANSWER: Yes there is.
This has been a considerable problem.
It is a very unfortunate problem in that there is a severe shortage of nurses in the United States.
Because of that shortage one would think that the INS regulations would not put up so many hurdles to bringing nurses into the country.
The INS has finally seen this dilemma and now has created a solution.
Unfortunately the NCLEX is only offered inside the U.
S.
, and therefore, it is necessary for many nurses who come here on visitor visas to take the NCLEX while in the U.
S.
However, while on a visitor visa, the nurse does not qualify for the social security number.
The irony of this is that these people would have to go back to their home country to take the CGFNS, wait outside the U.
S.
for over one year, and then come back in the country as a lawful permanent resident.
The CGFNS does not mean that the nurse is licensed to practice nursing in the United States.
Rather, it states that a nurse is likely to pass the NCLEX when she/he arrives in the United States.
Once inside the U.
S.
, then the nurse must take the NCLEX.
Here is the irony.
A person who has passed the NCLEX already, but cannot get the social security card had to go back to their home country to take the CGFNS in order to show that it was likely that they would pass the NCLEX.
Sometimes it is silly laws like this that prompt action to be taken.
Now, the Immigration and Naturalization Service will accept a nurse petition upon presentation of a certified copy of a letter from the state of intended employment which confirms that the alien has passed the NCLEX examination and is eligible to be issued a license to practice nursing in that state.
QUESTION: Now that I know that I can submit the application for the Nurse Petition with proof of passing the NCLEX, when can I adjust my status to that of a lawful permanent resident? ANSWER: Now, because you are immediately eligible to file the nurse petition, otherwise known as the I-140, you are also eligible to file for the adjustment of status simultaneously.
This means that you can file both the I-140 nurse petition and the I-485 adjustment of status petition at the same time.
You will get your temporary work permit in about 90 days and then be able to legally work while awaiting final approval on both the I-140 and the I-485 adjustment.
QUESTION: Will I be able to leave the United States while I am awaiting the results of the I-140 and the I-485? ANSWER: Yes.
You can apply for what is known as Advance Parole.
This will allow you to leave the United States while the petition is pending and to return without a problem.
This new regulation is most welcome.
Hopefully, the INS will see other types of problems in the future and amend the regulations to ease the problems in applying for the visas.