need help.. Nursing student... Mohan, moodin, Legalnut or anyone with good advice

[sunnyjohn]

Hello. I am in need of some information. You guys have given good advice in the past and I am hoping you can come up with some ideas for me.

In Jan 2000 I was due to finish my BSc degree and re-entered the US on an F-1 after a visit home for Christmas. My I-20 was due to expire in a few days (bad paperwork keeping on my part) and I was to get new paperwork from my college and report to the local INS office. I was told by the US agent at the airport I was allowed in but had to report with that paperwork in 30 days.

My parents and I had an arguement and needless to say they did not send my tuition, so I could not enroll in college to get the new paperwork.

Since then I have had various jobs (I have a legal SSN#) and finished college (a Surgical Technologist), but I have never gotten another F-1 or other type of visa. I have also completed 2 semesters of nursing school and only have 2 left for my BSN.

My brother was born in the US and lives here. He is able to sponsor me, but I know this takes a long time (up to 10 years). He is also an unmarried 26 year old college student and may not be able to pass that 125% income rule. I will only marry for love so that is not an option. In truth I would want to fix this situation before I start any relationship.

Is there any other way to fix my situation? What about the special provision the government has for foreign nurses? Will they work for me?

Agape.

[sunnyjohn]

Hello. I am in need of some information. You guys have given good advice in the past and I am hoping you can come up with some ideas for me.

In Jan 2000 I was due to finish my BSc degree and re-entered the US on an F-1 after a visit home for Christmas. My I-20 was due to expire in a few days (bad paperwork keeping on my part) and I was to get new paperwork from my college and report to the local INS office. I was told by the US agent at the airport I was allowed in but had to report with that paperwork in 30 days.

My parents and I had an arguement and needless to say they did not send my tuition, so I could not enroll in college to get the new paperwork.

Since then I have had various jobs (I have a legal SSN#) and finished college (a Surgical Technologist), but I have never gotten another F-1 or other type of visa. I have also completed 2 semesters of nursing school and only have 2 left for my BSN.

My brother was born in the US and lives here. He is able to sponsor me, but I know this takes a long time (up to 10 years). He is also an unmarried 26 year old college student and may not be able to pass that 125% income rule. I will only marry for love so that is not an option. In truth I would want to fix this situation before I start any relationship.

Is there any other way to fix my situation? What about the special provision the government has for foreign nurses? Will they work for me?

Agape.

[mohan]

to answer correctly, how long you are out of status?
how long you been not reported to INS who put note in your A# that you must report within 30 days?
overall you are in bad situation right now.

[moondin]

You said you stayed in school and got a degree/diploma, etc. Why couldn't you have gotten a f1 for that?

GC through brother, etc. takes years (thank your local illegal for using up those resources) and you have to maintain legal presence here in the meantime.

Best bet is either marraige. or go back and re-apply for another visa. Unless you want to continue staying here out of status.

There maybe other options for work visa, etc. but you'll have to talk to a lawyer cuz it's sticky now (changing status w/o out of status).

-= nav =-

[sunnyjohn]

Thanks for the information so far...
Well the agent at the airport wrote on the I-94 card "f-1 admitted until feb 03/2000." Then he stratched that out and stamped below it "admitted D/S". What does that mean, D/S? This was all on on Jan 05 2000, so i was inspected at the airport and went through US customs and Immigration. I have not left the country since.

I moved to another state and went to school. Basically I was starting over and trying to get my life together. I had some money, but there was no way I could provide the financial documentation needed for an F-1 visa. I was scared to and did not want to risk leaving the country. I just took a test and they let me register at a community college. I payed my tuiton myself so I did not get financial aid or anything.

I know other people that are from other countries who have come to the US and started studying to be nurses and then gotten legal after graduation. That is really why I am asking. Don't they have special provisions for foreign nurses? I know nurses can get GC due to the nursing shortage...

[sunnyjohn]

If you guys have any suggestions I appreciate it?

[AliBA]

There are no "special provisions" that would ignore an overstay. Such provisions as there are are mainly the EB3 visa (which I told you about before) and H visas for nurses (I think the latter program has lapsed, but I'm not sure). If you are out of status, these won't help you.

[lexlee1213]

hello sunny, I'm a foreign-graduate nurse from the Philippines, I initially came here on a B2 visa back in 2001, I passed the NCLEX-RN in January 2002, and got sponsored by a Nursing home here in Sacramento,CA. It was a very long process, 'coz I have to take 3 sets of English tests on top of the state board, in fact I have been waiting for more than 2 years that's why I decided to go thru the marriage-based AOS,which only took us 4 months to process. I was never out of status when the nursing home sponsored me and I don't think you can adjust status when you overstayed your visa,not unless you married a USC. Right now, CIS has too much back log with employment based AOS so processing dates are not moving at this time, there are some states and hospitals that are using the H1-C visa due too the nursing shortage, a friend of mine from Maryland got sponsored by Mercy Hospital using the H1-C,I suggest you consult with a lawyer to get more info, hope this helps!Have a great day to you.

[sunnyjohn]

thank you lexlee213 for the advice.. It was helpful... I have been told by another person in a similar predicament that the green card backlog for nurses (Schedule A occupation) is not as great, though it is a bit tricky... everyone has been a big help... Thanks again..

Agape