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The Social Security Dilemma of Nurses

Posted on January 28, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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.

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How can I become a U.S. Citizen?

Posted on January 27, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been in the United States for many years and would like to become a U.S. Citizen. Can you tell me how someone qualifies?

Answer: You may become a U.S. citizen (1) by birth or (2) through naturalization. Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens. If you were born in the United States, including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands, you are an American citizen at birth. Your birth certificate is proof of your citizenship.

If you were born abroad and both of your parents are U.S. citizens and at least one of your parents lived in the United States at some point in his or her life, then in most cases you are a U.S. citizen.

If you were born abroad and only one of your parents is a U.S. citizen, then in most cases, you are a U.S. citizen if ALL of the following are true: One of your parents was a U.S. citizen when you were born; Your citizen parent lived at least 5 years in the United States before you were born; and at least 2 of these 5 years in the United States were after your citizen parent’s 14th birthday.

If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent’s 14th birthday.

Question: If I have my Green Card, how do I become a naturalized citizen?

Answer: If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the “Application for Naturalization” (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the “Application for a Certificate of Citizenship” (Form N-600) to document their citizenship. Qualified children who reside abroad use the “Application for Citizenship and Issuance of Certificate under Section 322” (Form N-600K) to document their naturalization.

Question: What are the requirements for naturalization?

Answer: Basically, you need to have been a permanent resident for at least five years (unless you became a lawful permanent resident through marriage to a U.S. Citizen which changes the time to 3 years) and need to have been physically present in the U.S. for at least 2 ½ of the previous 5 years with no absence for more than 6 months. You must have good moral character and be able to speak, read and write English.

Question: When does my time as a Permanent Resident begin?

Answer: Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card shows where you can find important information like the date your Permanent Residence began.

Question: If I have been convicted of a crime but my record has been expunged, do I need to write that on my application or tell an USCIS officer?

Answer: Yes. You should always be honest with USCIS about all arrests (even if you were not charged or convicted) and convictions (even if your record was cleared or expunged). Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident.

Thus, you might be a U.S. Citizen without knowing it if one of your parents or both are U.S. Citizens. Alternatively, if you have committed a crime, or ineligible for some reason to Naturalize, USCIS might put you into deportation if you wrongfully apply for Naturalization. Therefore, you should make certain you qualify before you apply.

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E-Filing Part II

Posted on January 25, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I understand that E-filing has begun. However, I am confused on what exactly it is, and what types of applications can be filed.

Answer: Each year the Bureau of Citizenship and Immigration Services (BCIS) receives approximately seven million applications for immigration benefits. BCIS has now developed the technology to accept electronic filing of certain applications for immigration benefits. This technology improves both customer service and BCIS’ ability to verify the identity of individuals in the future. E-filing – combined with the collection and storage of an applicant’s digital photograph, signature, and fingerprint – allows the BCIS to produce immigration documents with special security features. Applications that can be filed online are forms I-765 (Application for Employment Authorization) and I-90 (Application for Replacement of Green Card). These two forms represent approximately 30% of the total number of benefit applications filed with BCIS annually.

Question: What must the applicant do to apply for this?

Answer: E-filing is quick, easy and convenient for applicants because it allows them, or their representatives, to complete and submit applications at any time, from any computer with Internet access. Upon completion of the e-filing session, customers will receive instant electronic confirmation that the application was received. Customers can then schedule themselves for an appointment to visit an Application Support Center for collection of a digital photograph, signature, and fingerprint.

For those who file electronically, BCIS confirms the identity of the customer early in the application process. BCIS also electronically collects a photograph, signature, and fingerprint for the individual. These biometrics are stored and can be used later for verification of the person’s identity.

Question: Are there any other forms available for electronic filing?

Answer: Presently no. However, BCIS intends to add electronic filing capabilities for additional forms in the Fall of 2003. Additional forms include: Form I-129, Petition for Nonimmigrant Worker; Form I-131, Application for Travel Document; Form I-140, Immigrant Petition for Alien Worker; Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-821, Application for Temporary Protected Status; and Form I-907, Request for Premium Processing.

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The new T Visa for victims of Severe Trafficking

Posted on January 22, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a friend that has been in a most unfortunate circumstance. She was actually kidnapped from her home and sold into the underground world of sex slaves. Somehow, she escaped and fled to the U.S. She has no higher education or any job skills and no other family in the U.S. Is there anything she can do to stay here in the U.S.?

Answer: Yes, there is a new visa named the T Visa. To qualify, the person must be a victim of severe trafficking in persons. This can be a sex slave as you have mentioned, or it can be other forms of trafficking in persons such as slaves or involuntary servitude of any kind. The services provided must have been done under coercion or force.

Question: What must my friend do to avail herself of this T Visa?

Answer: First, she must be a victim of severe trafficking of persons. Next, she must be physically in the U.S. on account of such trafficking. If she is older than 15 years old, she must have tried to get the law enforcement officials in her home country to try to stop the acts. She must also show that if removed, she will suffer extreme hardship and harm. The application must be filed at the INS Service Center where she is present.

Question: My friend is too young to make it by herself, even if she gets the T Visa. Can her parents come and help and live with her?

Answer: Yes, the family members of a T Visa holder can get what is known as derivative status. This means that the parents and children (if they exist) can apply for the derivative T Visa. This is unique in visas. Normally, the parents do not derive any benefits from a visa obtained by their child. However, in this case, because of the nature of the visa, Congress has sought to allow parents to avail of this relief. The derivative applications must be sent along with the original application by the primary applicant.

Question: How long will my friend be able to stay on T status?

Answer: It can be issued for up to three years. There is no renewing this visa. However, after the three years, your friend can apply for Lawful Permanent Residency. Additionally, as long as the principal applicant (your friend) remains eligible, the family members also on T Visa can apply for Lawful Permanent Residency themselves.

Question: Assuming my friend gets the visa, is she guaranteed to get the Green Card?

Answer: Unfortunately, there is never a guarantee when it comes to immigration. However, in this case, there are specific provisions that allow INS to revoke or take away the visa status. The regulations do not specifically state how or why INS would revoke it, but assumably if the threat no longer exists, or they found out that it was obtained through fraud or misrepresentation, they could decide to revoke the visa. If this happens, they could be removed from the U.S. However, on the whole, this T Visa appears to benefit people who suffer extreme and outrageous conduct by other people. This is the United States stating to the world that anyone who is subjected to this cruelty will be welcome and allowed inside the U.S.

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Immigration Article: How to come to the U.S. without a degree or experience

Posted on January 21, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the U.S. many times, but only to get refused by the U.S. embassy. I have been told that I do not qualify for an H-1B or Specialty Occupation Work Visa because I do not have a college degree. I have been told that I cannot get a Labor Certification for the Green Card because I have no experience and I have been told that I cannot work on a Student Visa. I really want to come to the United States, but do not know how. Can you suggest any options?

Answer: Yes, there is a visa known as the H-3 Visa. It is known as the trainee visa. What this means is that you can come to the United States in order to get training in a field that interest you.

Question: Are you allowed to work on this visa?

Answer: First, the visa is not primarily for working. However, as long as there is a program that you will be trained, then work can be done in order to supplement and understand the training. Thus, there will be a portion of each day that will be devoted to working. You can get paid for this work.

Question: What if the company does not have a training program?

Answer: It is not necessary that they already have a training program. However, if they already have one in existence, then it would go smoother. However, the training program can be established for the first time so that you can come to the U.S. to get the training with the necessary work support to understand the training.

Question: What types of positions will qualify for the H-3 Visa?

Answer: There is not any particular position. That is why this is such a nice visa. It can be computer related, managerial related, medical, operational, clerking, warehousing, and so on.

Question: How long does this visa last for?

Answer: Normally, it lasts for up to two years. But you want to keep something in mind. First, as long as you leave the U.S. prior to the actual two years has been completed, you can return to the U.S. at any time afterwards with a valid visa. However, if you actually stay the entire two years, you must stay outside of the U.S. for six months.

Question: Is there anyway to change your status to another visa after you would get the H-3?

Answer: Yes, you can change or adjust your status when you’re on the H-3. For example, part of your training might be to complete your degree. Once that happened, then you could change for H-3 to H-1B which is a working visa. You could also change it to a myriad of different other types of visas. This visa is a very nice one for people in your situation and all you need is a company willing to sponsor you for this visa with the intention to train you for some type of position. You should inquire into this visa so that you are not stuck outside the U.S.

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The Visa with Multiple Faces

Posted on January 20, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the United States on different types of visas, but have been denied at each turn. I cannot get a Visitor Visa and do not qualify for an H-1B work visa. I have also been denied the Student Visa. Do you have any suggestions?

Answer: The J Visa is very versatile. One can come in on the J Visa for many types of purposes. For example, the J Visa is available for students, professors and research scholars, short-term scholars, trainees, specialists, foreign medical graduates, international and government visitors, teachers, camp counselors and au pairs.

Question: Can you explain in some more detail what is involved with these categories?

Answer: For the students, a J is available for persons going to colleges that have been approved with a J Program. Students under certain conditions are allowed to work.

A trainee is one of the more popular uses of the J Visa. A trainee as an individual participating in a structured training program conducted by the selecting sponsor. The primary purpose of the trainee category is to enhance the exchange visitor’s skills in his or her specialty or non-specialty occupation through participation in a structured training program and to improve the participant’s knowledge of American techniques, methodologies, or expertise. The following areas are available for issuance of the J-1 Visa. Arts and culture; information media and communications; education, social sciences; library science, counseling and social services; management, business, commerce and finance; health-related occupations; aviation; the sciences, engineering, architecture, mathematics, and industrial occupations; construction and building trades; agriculture, forestry and fishing; public administration and law; and various other occupations as specified by the sponsor.

A J-1 specialist is defined as an individual who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills. This category does not include professors, research scholars, short-term scholars, or foreign physicians in training programs. This type of J-1 can by used in lieu of the H-1B.

The au pair program permits foreign nationals to enter the United States for up to one year to live with a U.S. host family and participate directly in the home life of the family while providing limited child care services and attending a U.S. post-secondary educational institution.

Professors and research scholars may be sponsored as J-1 exchange visitors to engage in research, teaching, lecturing, observing, or consulting at research facilities, museums, libraries, post-secondary accredited educational institutions, or similar institutions.

Foreign medical graduates sponsored by accredited academic institutions with designated exchange visitor programs may come to the United States as exchange visitors for the purposes of observation, consultation, teaching, or research.

Teachers may be sponsored as exchange visitors to teach full-time at accredited primary or secondary educational institutions.

Secondary school students may come to the United States as J exchange visitors for up to one year to study at a U.S. public or private secondary school, while living with a U.S. host family or at an accredited U.S. boarding school.150 Participants must pursue a full course of study at an accredited educational institution for at least one and not more than two academic semesters.

A camp counselor is an individual selected to be a counselor in a summer camp in the United States who imparts skills to American campers and information about his or her country or culture. Participation in camp counselor exchange programs is limited to foreign nationals who are at least 18 years old and are bona fide youth workers, students, teachers, or individuals with special skills.

The summer/student travel work program is a program that authorizes foreign university students to travel and work in the United States during their summer vacations to involve the students directly in daily life in this country through temporary employment opportunities.

As you can see, the J Visa offers many options. While there may be a two-year foreign residency requirement, many times this type of visa offers the only hope for getting into the U.S.

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Title: Can I win the Lottery?

Posted on January 15, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Title: Can I win the Lottery?

Question: I have heard a lot about the Diversity Lottery. Can you explain what that is?

Answer: Yes. The diversity lottery is very much what its name implies. It is a lottery that people enter in order to get picked by the United States and to become Lawful Permanent Residents of the United States. It makes available 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 111,000 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first 50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2004 numbers will be used during fiscal year 2004 (October 1, 2003 until September 30, 2004).

Question: How exactly does it work?

Answer: Applicants registered for the DV-2004 program were selected at random from the approximately 7.3 million qualified entries received during the one-month application period that ran from Noon on October 7, 2002 through Noon on November 6, 2002. An additional 2.9 million applications were either received outside of the mail-in period or were disqualified for failing to properly follow directions. The visas have been apportioned among six geographic regions, with a maximum of seven percent available to persons born in any single country.

Question: If someone is selected for the lottery, are there any qualifications that need to be presented?

Answer: During the visa interview, principal applicants must provide proof of a high school education or its equivalent or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.

Question: Does someone from the Philippines qualify to enter the Diversity Lottery?

Answer: Unfortunately not. The Philippines has a high rate of immigration to the United States, and therefore, they will not qualify. However, spouses from qualifying countries can apply. Also, friends from other countries should take advantage of this program.

Question: When does the next Diversity Lottery begin?

Answer: They may try for the upcoming DV-2005 lottery if they wish. The exact dates for the mail-in period for the DV-2005 lottery program will be widely publicized during August 2003. Normally, the mail-in period is for one month beginning sometime in October.

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HOMELAND SECURITY. WHAT DOES IT MEAN?

Posted on January 14, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have different petitions going through for my family. Other relatives are unfortunately in Removal/Deportation Proceedings. I understand that government is planning on restructuring certain departments. Will they restructure INS, and if so, what does that mean for us?

Answer: It appears as though either some or all of INS will be part of the new cabinet level division of the government. It will be known as Homeland Security. However, if it is done in a rash manner without giving the immigrants their rights, then it will hurt those immigrants trying to get her legally and to become legal in the future.

An effective, efficient, and fair immigration system is crucial to our national security and is fundamental to which we are as a people and as a nation of immigrants. Our immigration system must be reorganized. Our immigration system needs to be restructured on the basis of longstanding principles outlined by lawmakers, policy experts, and immigrant advocates.

These principles include: coordinating the separated enforcement and service functions, placing a strong leader in charge of both functions, and adequately funding enforcement and services.

If our immigration functions are included in the new Homeland Security Department, they must be reorganized within a separate division headed by a strong leader.

Question: What exactly will this new department do?

It is unclear at this time exactly what will happen and when it will happen. However, a new division, Immigration Services and Security, should be created within the Department of Homeland Security, headed by an Undersecretary who is knowledgeable about both services and enforcement. Immigration Services and Security should be made up of three sections: Immigration Services, Border Security, and Interior Security.

To enhance our security and support our border functions, a Transportation and Commercial Goods Security division also should be created. This division, along with the Immigration Services and Security division, would replace the proposed Border and Transportation Security Division.

The proposed Homeland Security Department must address concerns about civil rights, oversight, privacy, due process, and visa processing. The new agency must include an office to ensure that the constitutional and civil rights of all persons are protected as the agency carries out its national security mandates.

Policy development for visa issuance needs to remain a function of the State Department to avoid the chaos that would result from separating policy and process and to best address our foreign policy and U.S. business interests.

The Executive Office of Immigration Review (EOIR) must remain outside of the Department of Homeland Security, and be constituted as an independent agency in order to guarantee the impartiality and checks and balances of our justice system. Otherwise, it will be as though the Prosecutor is both the opposing attorney and the judge on the same case.

In order for any reform to be effective, Congress must take the time to get it right, overhaul our immigration laws, and protect both our nation and our values and traditions.

Creating a Department of Homeland Security is an enormous undertaking, and Congress must take the time to get it right. We cannot afford the mistakes and oversights of a hasty examination. There is too much at stake.

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Title: You mean I don’t have to go back?

Posted on January 13, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been here for several months on a Visitor Visa and have found that I love the U.S. I do not want to return to my home country. I have a Visa that states it is a Multiple Entry Visitor Visa for the next ten years. However, when I entered the U.S., I was given a white card that states that I must leave by next month. Is there anything I can do?

Answer: First, while you get the Visa at the U.S. Consulate or Embassy, it is the INS who actually controls how long you will stay in the U.S. They are the organization that you must pass at any port of entry into the U.S. A port of entry can be by road (i.e., from Canada or Mexico), or by airport (anywhere in the world.) When you enter the U.S., the INS (Immigration and Naturalization Service) will issue what is known as an I-94. This is a white card that is stapled to your passport. It will state exactly when you are authorized to stay in the U.S. If the visa in your passport lasts longer than the I-94, that is irrelevant. Further, if your passport expires during your stay in the U.S. that is also irrelevant as long as the time on your I-94 is still available.

You can file for a change of status. What this means is that as long as the application to change your status is done PRIOR to the expiration of your current stay, you will be able to remain in the U.S. while that application for change of status is being ruled upon.

Question: I read somewhere that the INS wants these type of applications at least 45 days before the expiration of your status. Is that true?

Answer: Normally that is true. However, the law is very specific. As long as you are currently in status at the time the application is received by INS, it will be timely. As a matter of fact, there have been many occasion when my office gets someone in the day before expiration of their status. We prepare the application and actually have it hand delivered on the day of expiration. In that event, it is still timely.

Question: What are the possibilities for changing my status and what types of applications will work?

Answer: Actually, there is a variety of different applications you can do. There are many different kinds of work visas such as the H-1B, H-2B, O-1, P-1 and so on. You can also change to a Student Status such as F-1 or M-1. To change to a working status you would need an employer who would agree to sponsor you. To change to a Student Status, you would need to get the I-20 from a school and then have that submitted with the application for Change of Status.

Question: Once I file the application for Change of Status can I start working or going to school right away?

Answer: No. You must wait while INS rules on the matter. However, you are given an automatic extension of your current status while the Change of Status is pending. Therefore, if you want to stay in the U.S. and your current status is about to expire, there are many ways to change your status and you should take advantage of the appropriate one.

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A new way to beat Deportation

Posted on January 12, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been here in the U.S. since I was six years old. About 12 years ago, I committed a drug crime of possession for sale. I was sentenced to 4 months. Now, all these years later, I have been put into removal proceedings where INS is trying to deport me. I have been told that I am an aggravated felon and there is nothing I can do. I have further been told that I will most likely be deported away from my family including my U.S. Citizen spouse and three U.S. Citizen Children. I have never done anything else criminally and it was just a stupid mistake when I was young. I have changed, have a good job, a family with U.S. Citizens and many community ties. Is there anything I can do?

Answer: As the law stands now, there is very little you can do. This is a result of the 1996 laws which increased dramatically the laws on what was considered to be an aggravated felony. It has torn families apart for many years since 1996. People who have become long term residents in the U.S. and have their Green Cards found out it did not make any difference. They were still deported. Furthermore, they found out that they were barred from coming back into the U.S. for the rest of their lives. Congress has seen all the suffering caused by the unfair and anti-immigration laws of 1996 and just this week the House Judiciary Committee passed the 2002 Due Process Reform Bill. While it still must be passed by the Senate and signed by the President, it is an excellent step in giving back some of the due process rights lost by long term residents who were put in deportation proceedings because of various crimes.

Question: How does this particular bill help me?

Answer: Please note that the Senate might change some of the provisions, or the President might require some alternate items in the bill. However, as the bill stands now, it applies specifically to people who previously had their Green Cards. They were or are going to be placed into deportation or removal proceedings because of a crime they committed. They are considered to be an aggravated felons and do not qualify for the normal Cancellation of Removal.

Question: What is Cancellation of Removal?

Answer: Prior to this bill there was a section of the bill referred to as Cancellation of Removal for Certain Lawful Permanent Residents. Generally, you had to have your Green Card for at least five-years and be physically present in the U.S. for at least seven-years. Finally, and this is the item that disqualified numerous people, is that you cannot be convicted of an aggravated felony.

Question: What does the new bill allow?

Answer: Basically it deals with the Cancellation of Removal for people who have committed aggravated felonies. In the new bill, it expands the Cancellation of Removal so that it allows people whom have been convicted of aggravated felonies to still keep their Green Cards and stay in the U.S. It deals with three different scenarios. First, people who have been convicted of a non violent aggravated felony. Second, people who were convicted of a violent aggravated felony. Finally, people who have been convicted of an aggravated felony and came to the U.S. as a young child. Each of these provisions allows a person to remain in the U.S. and to not be deported if the Judge grants the Cancellation of Removal. Therefore, this is a very big step toward restoring some of the harsh anti-immigrant provisions of the 1996 law. Hopefully, this trend will continue so that families can be reunited and the tearing apart of immigrant families will stop. .

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  • Brian D. Lerner

    Immigration Lawyer

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