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DFWJimbo

Sister in law as a student

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Just now, Cryssiekins said:

Yup!  Would probably find a USC boyfriend (or girlfriend) and go from there, which is fine if it’s legitimate and not just to be able to stay.

Yup, it is legitimate. But it's also a factor for consideration by the CO if she is likely to return home or not.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: IR-1/CR-1 Visa Country: Ghana
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47 minutes ago, geowrian said:

Young, presumably single Filipina nursing student that wants to stay in the US...I'm assuming she would find a way to stay other than her sister (possibly with or without an overstay if needed). Just a hunch. 🤷‍♂️

I smelled skirting the system as soon as I read original post.

Nonetheless, to get here as a student is not as simple as op thinks. First research schools, write necessary exams, apply to schools, school will request transcript evaluation, get admitted, get I-20, get visa, etc

Finishing nursing school in the US doesn't necessarily mean you are a nurse in the US. You'll have to pass the NCLEX and it's not an easy exam; actually it's one reason there are shortage of nurses because many nursing graduates fail the exams (not saying sister-in-law can't pass; saying it's going to be a long process).

If sis-in-law's dream is to be a nurse, she can attend nursing school wherever, and the day she legally migrates to the US, she can do education credential evaluation through CGFNS and then write the NCLEX. 

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, nastra30 said:

You'll have to pass the NCLEX and it's not an easy exam;

True that!!!   I took it 1993.....and passed ..LOL

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Filed: Country: Vietnam (no flag)
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3 hours ago, DFWJimbo said:

I have a question on how the process works for my sister in law. My wife is a permanent resident now after having gone through the AoS process, and was interested in finding out more about the process on her sister to go to nursing school here.

Her sister in law is interested in attending nursing school (4 year degree) and work possibly in a hospital later here. We would sponsor her for living expenses. I know nursing is a high demand skilled field of work. 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

If she comes on a student visa, does she have to go home between each year of study (eg, summer break) or can she stay here through her entire degree program?

If apply for an employment authorization can she also work here if she chooses during her schooling?

 

To go to nursing school here.  Apply and be accepted to a US nursing program.  She will need to show she has the money to fund her course of study.  School issues I-20.  She applies for student visa and must show that she intends to return home after finishing her degree.  She can stay throughout her program without needing to return home each year.  There is limited on campus employment for international students.  There is no "employment authorization" for working whatever job to support herself.  

 

Getting a green card.  If it was only as simple as you described, but it's not.  She would need a basis to adjust her status after graduation.  Being an international student or nurse doesn't get her there.  For a work visa, she would need a willing employer to go through the process of hiring a foreign worker.  Once again, she would need a basis to adjust status; working for a US employer is not enough.

 

Immigrating to the US is not that simple.  Using a non-immigrant student visa with the intent to immigrate by adjusting status in the US after finishing school and getting permanent residency is completely 100% a reason to deny the student visa.

 

Sorry, but international study, work visa, and adjusting status does not work the way you described.  

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3 hours ago, belinda63 said:

When she completes college she can look for an employer to sponsor her for a work visa.

Doubt this would happen for a new graduate RN.

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Filed: K-1 Visa Country: Wales
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What work visa?

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The US hospitals recognize the BSNs earned in the Philippines so there is practically no chance she will be admitted to the US as a nursing student.   Nurses have to pass the NCLEX in order to practice in the US.  Best bet is for her to earn her BSN in the Philippines, then apply for a job in the US.  She can begin getting her experience (2 years) while reviewing for and passing the NCLEX.  This is how my sister in law came over plus quite a few others have immigrated to the US in our town.  Nurses do have one advantage, they are automatically considered a "shortage" profession  so the hospital does not have to get approval from the Dept of Labor showing a need.   SHe would be applying for an employee based visa (EB-3).  She would receive her permanent residence card about 3 weeks or so after she arrives (she has to pay a prc fee, this can be done at the Embassy or in the US after she arrives, once she pays that her PRC will be processed).  I forgot to mention she will need to pass one of the English test but since Nursing schools in the Philippines use English, it should not be a big problem.  If she should marry and/or have children, then they can come over with her as a beneficiary of her petition (each individual will need to complete a visa application and each will need to pay the prc fee for the card).

 

Edited by PhilJoe
Added more information.
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Agree with Philjoe. This will likely be best, cheapest and probably ultimately shortest route to permanent residence even if it’s longer to get to the US initially. All assuming the shortage of nurses doesn’t disappear over the next few years. 

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Odd that she'd want to go to school here. I was paying for my wife's nursing degree in PI before she came here. It was less than $600 a semester at Cavite State.  Don't imagine she can pay for books for $600 a semester in the US.  

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Filed: K-1 Visa Country: Philippines
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Thanks for the replies. There is absolutely no mal-intent in the questions. Just literally walking questions not knowing anything about the process or restrictions involved-which appear to be many.  I have worked with several people from other countries over the years who went to school here and then worked here, many from India, so I wasn’t sure what the process was for them, hence why I was asking the questions. I was hoping for helpful insight into how to advise her sister for her career.  She’s not looking for an easy way to come to the US, but a meaningful to practice her nursing career with the best education possible.

 

The original post was not knowing anything about the process and looking for insight. I have worked with several in the past who came from India and they attended schools and later worked here and said the process wasn’t hard for them. It seems to be the opposite. Everyone’s experiences or definition of “hard” may be different it seems.

 

She does not have any problem going to nursing school in the Philippines except we got some misinformation that a nursing degree (BSN) wouldn’t be recognized here. That seems to be incorrect as they appear to be recognized provided you can pass the licensing exam(s) if she chooses later to apply for work here. There is no 100% that it’s her decision to work here. Going to school in PH would have advantages anyway and it would be much cheaper.

 

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16 hours ago, DFWJimbo said:

I have a question on how the process works for my sister in law. My wife is a permanent resident now after having gone through the AoS process, and was interested in finding out more about the process on her sister to go to nursing school here.

Her sister in law is interested in attending nursing school (4 year degree) and work possibly in a hospital later here. We would sponsor her for living expenses. I know nursing is a high demand skilled field of work. 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

 If she comes on a student visa, does she have to go home between each year of study (eg, summer break) or can she stay here through her entire degree program?

If apply for an employment authorization can she also work here if she chooses during her schooling?

 

Others have told you how your line of thinking for this is not right. And they are absolutely correct. I don;t think there is a way your sis in law can "adjust" through your wife. 

 

That being said, nothing is stopping your in law to sit in the required exams (GRE/SAT, TOEFL) and apply to Universities of her interest. She can get a student visa (F-1), come here and work on campus (max 20 hours) during her studies. Once she graduates, she can apply for an OPT that allows her to work here for a year (and then a 2 year extension for STEM field). In these 3 years she can look for an employee that will sponsor her for her H1-B visa. 

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Filed: AOS (apr) Country: Philippines
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Nursing school in the Philippines is very similar to the US, and a lot cheaper. Several friends I have known graduated as an RN in the Philippines and when they came here to the US (via family visas) they just had to pass the local/state testing and that was all. The degree was accepted fully with no issues.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

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I would just note that it's more complex than hospitals recognizing BSNs earned in the Philippines. It's about what the state licensing board recognizes. Credential verification will be required to determine if the programs are comparable to a US nursing education. This is not a guarantee - be sure to enroll in a program that others have completed credential verification for the desired state's nursing program. Most reputable programs shouldn't have an issue, but always check ahead.

An English language proficiency examination may or may not be required depending on state as well.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Sweden
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19 hours ago, DFWJimbo said:

I have a question on how the process works for my sister in law. My wife is a permanent resident now after having gone through the AoS process, and was interested in finding out more about the process on her sister to go to nursing school here.

Her sister in law is interested in attending nursing school (4 year degree) and work possibly in a hospital later here. We would sponsor her for living expenses. I know nursing is a high demand skilled field of work. 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

If she comes on a student visa, does she have to go home between each year of study (eg, summer break) or can she stay here through her entire degree program?

If apply for an employment authorization can she also work here if she chooses during her schooling?

 

I am not an expert but in addition to what others have said I would like to add: they might deny you  (not only because she clearly has immigration intent) but also because they will question why she is getting her nursing degree in the US which might not be valid in her home country. For example, I was a nurse's assistant in Sweden and if I wanted to work as one here, I  am pretty sure would have to redo the training here.  





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Filed: K-1 Visa Country: France
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Here is a link to Nurse.org website that gives some really good information for you to read. 

 

I can not stress enough the importance of the English Language Proficiency. I tutored a student a few years ago from S. Korea who already had her nursing degree from a Korean university and was studying here preparing for her state board exams. She struggled with the reading comprehension even after having completed an ESL program. 

 

https://nurse.org/articles/work-in-us-as-foreign-educated-nurse/

 

Edited by theresaL
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