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Question:

Re: the filing of I-140 and the trend now to deny outright rather than ask for RFE if all documents are not submitted ---if a nurse passes CGFNS and IELTS or TOEFL/TSE but has not received her certificate which can sometimes take up to 3 months in India, will we risk a denial because of lack of certificate itself which is pending?

What about filing with only CGFNS passed but English scores pending?

Re: filing for family members at time of filing I-140 for nurse: Please clarify...we cannot file for family members unless and until the nurse's I-140 is approved? Can we not file at the same time for all immediate family members?

Answer by Marilyn D. Dimas:

These instances (not a trend) are being reported from the California Service Center. In filing with the other Service Centers the trend is for those service centers to issue an RFI requesting the Visa Screen, CGFNS certificate, or state license whatever is missing or incomplete. You are taking somewhat of a risk in strategies you outlined by filing before certification or licensure is secured because of possible lengthy delays in getting the license or certificate leadiing to a loss of deadline and the necessity of filing a Motion to reopen.

I don't think the result would be any different if you filed with CGFNS passed because the CGFNS certification includes English scores.

Family members are noted in the I-140. At the time of filing I-140, supply all documents related to relationship i.e. marriage license, birth certificate, etc. However, when family members are added on later (after I-140 approval), the family documents are sent directly to the NVC.

Georgia Board Requirements

Please note that we have checked with the Georgia Board of Nursing and as I stated during the Seminar it does not require CGFNS, CES is the Credential Evaluation Service used by all states to the best of our knowledge, to evaluate a nurses credentials before licensing. CES does not require the passing of any english tests. CES is not a test itself CGFNS is inclusife of CES threfore CES would be waived if a CGFNS certificate is presented.