Illegal aliens can qualify for New York State nursing licenses
Undocumented immigrants can qualify for New York State nursing licenses, but must write letter of explanation
NEW YORK DAILY NEWS
Tuesday, January 19, 2016, 5:33 AM
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Undocumented immigrants should submit nursing license applications with a letter explaining their legal status.
Q. I am an undocumented immigrant and I have just passed the New York State nurse licensing exam. Can I get a nursing license? I do not have a Social Security number or work permit.
Name withheld, Plainview, L.I.
A. You qualify for a license despite being undocumented, but it may take some effort to get it. In New York, you qualify for a nursing license despite your immigration status. New York does not have an immigration status requirement for nurses.
The problem is that the nursing license application form asks immigration status questions and doesn’t have a box for “undocumented.” The wording of the form implies that you must either be in the limited immigration categories listed or reside abroad.
Submit your licensing application with a letter explaining your legal status. Let me know what happens. If New York State follows the law, you’ll get your license.
HOW TO QUALIFY FOR A GREEN CARD AS THE SPOUSE OF A U.S. CITIZEN
Q. I plan to marry a U.S. citizen. Which is better, to apply for my green card here or return to Burma and apply at a U.S. consulate? I am here on a visitor’s visa. I told the U.S. consul that I planned to visit my boyfriend then return to marry in Burma, but now he would like us to marry here.
Name withheld, Tracy, California
A. For those who qualify for adjustment of status, the process of interviewing for a green card in the United States, applying here is usually best. As for what you told the consular officer in Burma, U.S. Citizenship and Immigration Services shouldn’t punish you for having changed your wedding plans.
Adjustment of status is usually faster than applying abroad. It is also safer. If you apply for adjustment and a problem arises, or the USCIS denies your application, you can remain here while you resolve the matter.
If the USCIS tries to remove you, you can renew your application with the immigration judge. If you apply at a U.S. consulate and a consular officer denies your application, you have a very limited right to review.
Allan Wernick is an attorney and director of the City University of New York's Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, New York, NY 10004 or email. Follow him on Twitter @awernick.
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