How should my friend adjust her status to stay in the United States? 4 Answers as of February 24, 2011

I have a relative who came to the US on a Tourist Visa. She passed the NCLEX Exams and is a Registered Nurse. How can she adjust status so she will be able to work and stay legally? Should she go for employment based petition or working visa? Which one is faster and safer and what are the advantages? What are her other option? Your reply is greatly appreciated. Thank you.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Unfortunately nurses may only file an I-140 with the sponsorship of an employer and get in the queue for permanent residency (several year wait) . There is no temporary working permit for most nurses unless very experienced in management positions, critical care or other specialized nurses. Unless this would be a high level nursing position then a temporary work visa is most likely available (exceptions for nationals from certain countries).

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Answer Applies to: California
Replied: 2/24/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
This depends on a lot of factors, such as whether she has overstayed her visa, can she find a job as a nurse...Is he in a relationship with a citizen...etc, etc. You are welcome to contact us. Good luck!
Answer Applies to: Florida
Replied: 2/6/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Unless this person is a close relative, e.g. brother, sister, parent, etc., you cannot sponsor her family based petition. Employment based petition would appear the only way for her to go.
Answer Applies to: Virginia
Replied: 2/5/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Unless your friend is in status and will be so for several years, employment sponsorship is not an option for her since there are no H visas available and the priority dates for employment petitions are backlogged several years.
Answer Applies to: California
Replied: 2/4/2011
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