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I am an RN on my OPT working for a local hospital. My EAD expires 6/25/13. I have applied for Asylum and am awaiting interview

Titusville, FL |

notice. What are my options if i am not granted asylum?

Attorney Answers 5

Posted

Nothing really. Its hard to get an H-1B visa as an RN. An RN is not a bachelor's degree program. Only highly specialist nursing bachelor's degree programs qualify for an H-1B. I guess you could apply for another F-1 status with USCIS to pursue a bachelor's degree in a very specialized nursing degree bachelor's program in perhaps geriatrics or oncology etc to ultimately qualify you for a BA Nursing Degree and H-1B visa. There used to be an H-1C nursing non-immigrant visa or a Schedule "A" under the Employment Based category 3 (immigrant visa) green card category. The H-1C non-immigrant visa hasn't been available for a while. The last Schedule "A" 50,000 visas were last available in July 2007 for about a month and ran out pretty quickly. If your I-589 Asylum application is not granted or barred by law (statutory reason like not filing within 1 year of being in the US and not having any changed country conditions in your native country or having a reasonable excuse for late filing) short from getting married to a USC I personally do not see any other option. Technically you could qualify for the second option with a higher threshold and burden of proof above asylum called "Withholding of removal" but its harder to proof. Good luck. PS. If your asylum application is denied by the asylum office near your city in Flordia, they will refer your case/file to the immigration court nearest to you and you will have brand new opportunity to proof your case once again for asylum with the immigration court.

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I can only suggest for as much your facts allow: same as any other person in similar situation - present this quesiton to the immigration attorney who handles your asylum case; consult with an immigration attorney if you do asylum pro se or hope the asylum is granted and if not, return home.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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This is like a patient asking you what the options are if the medication you administered doesn't work. There are many factors which need to be considered so without more facts it's impossible to advise you. Consult with an experienced immigration attorney who can review your case and advise you as to what options are available. Keep in mind that if your asylum application is denied you will most likely end up in removal proceedings so the sooner you do this, the better.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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Posted

You should have a consultation with an Immigration attorney to explore any possibilities with you. From the information you have provided there are no additional options.

321.208.7324
immigration@rbrownllc.com
www.brownimmigrationFL.com

Robert Brown LLC
Baldwin Park
4767 New Broad Street
Orlando, Florida 32814

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Posted

Since you are already on an F-1, see if you can get into another student program but make sure a school issues an I-20 to you. There are timing issues to consider here.

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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