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Dear Editor:
The July 27 Immigration Daily Featured Article by Gregory Siskind's "Visa Options for Nurses: Immigrant Visa..." states that "The VisaScreen certificate must be presented to the USCIS prior to adjustment of status and a US consulate prior to issuance of a permanent residency visa. The certificate is not required at the start of adjustment application or prior to an I-140 application's approval." I think it is dangerous to suggest so. Although the statute and regulation require to present the visascreen certificate, for the purpose of adjustment of status, "at the time of adjustment of status", which did not specify at what point of time, however, the Sept. 22, 2003 Yates Memo expressly stated that "all eligibility requirements must be met at the time of filing the application for adjustment of status". Therefore, at least after 9/22/2003, the CIS takes the position that visascreen certificate is required at the time of filing.

Sara S. Yang

Editor's Note: The July 27th article was untimely in some respects since we published it by combining two articles that originally appeared on Visalaw.com on April 19, 2004 and April 26, 2004, respectively. Gregory Siskind has written a subsequent article incorporating recent changes to the certification of foreign health workers which appears as today's Featured Article.



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