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09/30/2003 HEALTHCARE IMMIGRATION ALERT:
VISA SCREEN MEMORANDUM RELEASED:
VISA SCREEN REQUIRED BEFORE I-485
The U.S. Citizenship and Immigration Services (USCIS) recently released
a Memorandum For Service Directors on the subject of Visa Screen
Certification. This comes on the heels of the Visa Screen regulations that
were released in July and previously discussed by Hammond Law Group at that
time.
Article:
http://www.hammondlawfirm.com/mmm/visascreen.article.doc
FAQ:
http://www.hammondlawfirm.com/mmm/visascreen.faq.doc
The new Memorandum, which is attached to this Immigration Alert, states that
for Immigrant health care workers, all eligibility requirements must be met
at the time of filing the application for Adjustment of Status (or I-485
Application). The common practice of filing the I-140/485 concurrently with
mere proof of CGFNS, state licensure, or NCLEX passage and then providing
the Visa Screen upon receipt of an RFE, often many months later, can no
longer be used. With the lengthy processing times currently being
experienced at CGFNS on Visa Screens, it may make it very difficult for
nurses in the U.S. to adjust their status. The impact of this clarification
on cases already filed was not addressed but one should assume that the
cases will be rejected if all eligibility requirements had not been met
prior to the filing. A more complete analysis of this memo and the new rule
is being prepared and will be distributed as soon as it is available.
Healthcare Services Group
Mike Hammond
(mfh@hammondlawfirm.com)
Sherry Neal (sln@hammondlawfirm.com)
Chris Musillo
(cmusillo@hammondlawfirm.com)
Steve Albert
(sda@hammondlawfirm.com)
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