Confusion related to DS260 questions. Those with experience pls help

[amna-h 7]

There are two questions in the security and background section:

"Are you graduate of foreign school medical seeking to perform medical services in the US but have not yet passed the National board of medical examiners examination or its equivalent?"

"Are you a healthcare worker seeking to perform such work in the US but have not yet received certification from the Commission of Graduates of Foreign Nursing schools or from an equivalent approved independent credentialing organization?"

So basically, my immigration is based on F2A (Spouse). I am a practicing Dentist in my country. I do have plans to acquire a license to practice after giving the National board exam for foreign trained dentists once im in the US. But not immediately or PRIMARILY.

My questions are:

1. Are these questions applicable to me, or is it for those who are getting green card/immigration through employment? The word "seeking" here seems to be the keyword.
2. If these questions are applicable to me, should write YES to both, or the second one only? As i dont know if 'medical' includes dentistry but I guess healthcare does?
3. By selecting YES, I understand i will have to explain, but would that put my application in any kind of delay? Would they ask for my educational documents then?

Please help me out, those who are dentists/doctors/health care providers

[jamyestrella 8]

I suppose in your explanation you can just clearly explain yourself. Like you will eventually plan on using it, etc.

[jostermacedo 54]

When I filled my wife's DS-260 I had the same questions. She also is a dentist and I answered yes to this question:

"Are you graduate of foreign school medical seeking to perform medical services in the US but have not yet passed the National board of medical examiners examination or its equivalent?"

and explained that she intended to get a license to practice dentistry in the US in the future. In the interview they asked her profession, which she answered she is a dentist. We had no issues whatsoever.

I believe this question is related to those pursuing a work visa to work in a health related area. In this case the person pursuing the work visa needs to be licensed in the US before getting the visa.

Edited July 6, 2015 by jostermacedo

[amna-h 7]

When I filled my wife's DS-260 I had the same questions. She also is a dentist and I answered yes to this question:

"Are you graduate of foreign school medical seeking to perform medical services in the US but have not yet passed the National board of medical examiners examination or its equivalent?"

and explained that she intended to get a license to practice dentistry in the US in the future. In the interview they asked her profession, which she answered she is a dentist. We had no issues whatsoever.

I believe this question is related to those pursuing a work visa to work in a health related area. In this case the person pursuing the work visa needs to be licensed in the US before getting the visa.

Yes as DS260 is a generic form, for every visa category, i also believe this is for those who are seeking employment based immigration. So okay i will simply write yes and give explanation.

Did you write YES to the other question, healthcare one?

[jostermacedo 54]

We answered No to the other question based on the assumption the question is specific to Nursing certification.

[jostermacedo 54]

I believe I found the specific regulation (in 212). I continue to interpret that this clause is related to work related Visa. I don't believe that affects your case (F2A, family based category). The key word is in red below. You're coming to the US based on a family immigrant Visa and not coming to the US principally to work as a dentist. In my opinion, the clause is to prevent someone to receive a work visa in a health related profession without been licensed to work in the US.

B) Unqualified physicians.-An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is inadmissible, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.

© Uncertified foreign health-care workers ⁷ Subject to subsection ®, any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other than a physician, is excludable unless the alien presents to the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of Health and Human Services, verifying that-

[amna-h 7]

I believe I found the specific regulation (in 212). I continue to interpret that this clause is related to work related Visa. I don't believe that affects your case (F2A, family based category). The key word is in red below. You're coming to the US based on a family immigrant Visa and not coming to the US principally to work as a dentist. In my opinion, the clause is to prevent someone to receive a work visa in a health related profession without been licensed to work in the US.

B) Unqualified physicians.-An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is inadmissible, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.

© Uncertified foreign health-care workers ⁷ Subject to subsection ®, any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other than a physician, is excludable unless the alien presents to the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of Health and Human Services, verifying that-

Thank you for detailed reply! I understand now. I will answer YES to foreign medical school graduate question and explain like your wife did.

I did some research on VJ and came across similar cases where the spouses (beneficiary) were either dentist or doctors, they wrote 'Yes'.

Just one more question.. sorry… Did your wife answer yes or no to the question about vaccinations? im choosing to answer NO because i dont have the documentation yet but i will at the time of interview. But im still confused.. your thoughts ?

[jostermacedo 54]

You're welcome!

Thank you for detailed reply! I understand now. I will answer YES to foreign medical school graduate question and explain like your wife did.
I did some research on VJ and came across similar cases where the spouses (beneficiary) were either dentist or doctors, they wrote 'Yes'.

Just one more question.. sorry… Did your wife answer yes or no to the question about vaccinations? im choosing to answer NO because i dont have the documentation yet but i will at the time of interview. But im still confused.. your thoughts ?

We answered no. I put the following comment: "Although we had all vaccinations required by Brazilian health authorities, we could not find the records". Not to mention I did not know if the Brazilian vaccination requirements matched the US requirements.

In the medical we had to take two additional vaccinations since we did not have the records. Besides the needle, which I personally don't like :-), we had no issues.

Take a look at our answers:

[amna-h 7]

You're welcome!

Thank you for detailed reply! I understand now. I will answer YES to foreign medical school graduate question and explain like your wife did.

I did some research on VJ and came across similar cases where the spouses (beneficiary) were either dentist or doctors, they wrote 'Yes'.

Just one more question.. sorry… Did your wife answer yes or no to the question about vaccinations? im choosing to answer NO because i dont have the documentation yet but i will at the time of interview. But im still confused.. your thoughts ?

We answered no. I put the following comment: "Although we had all vaccinations required by Brazilian health authorities, we could not find the records". Not to mention I did not know if the Brazilian vaccination requirements matched the US requirements.

In the medical we had to take two additional vaccinations since we did not have the records. Besides the needle, which I personally don't like :-), we had no issues.

Take a look at our answers:

DS260 Vaccination.jpg

Lol true! I think i would be needing two or three additional vaccinations myself.. i do have most of them listed on their website. No pain no gain!

Thank you so much for your replies! God bless you

Edited July 6, 2015 by amna-h

[shayy17 3]

I took it as are you planning to practice medicine without the necessary board certification (key word AND in the explanation) and ticked no...

[jostermacedo 54]

I took it as are you planning to practice medicine without the necessary board certification (key word AND in the explanation) and ticked no...

No. We ticked YES for the medicine part. We ticked NO for the vaccinations.

Joster

[IF&SA 4]

I wrote no as I had given the exams..... I took it as it is obvious no one can practice medicine without the certifying exams. I wrote yes for the vaccinations and explained that I would have recieved all before the interview

I wrote no as I had given the exams..... I took it as it is obvious no one can practice medicine without the certifying exams. I wrote yes for the vaccinations and explained that I would have recieved all before the interview

[anamaral 4]

Hello!

I have almost the same situation: CR1 visa, I'm a physician. I'm already submiting documents for medical license and I'll take the first exam later this year.

I think the safe way to go is if we answer "yes" with the explanation, as people said.

When they say "but have not yet" I believe they just mean your not licensed yet; they don't mean you will practice it illegally.

It is sort of confusing, though

[anamaral 4]

amna-h

I've just called NVC and they told me to answer "yes" to the question:

"Are you graduate of foreign school medical seeking to perform medical services in the US but have not yet passed the National board of medical examiners examination or its equivalent?"

...and explain that I'm taking the proper steps to validate my license and won't work illegally. I only asked about my case (physician), but I believe your case would be the same.

Good luck for us all!

Edited July 7, 2015 by anamaral

[amna-h 7]

Actually this question is for those who might by applying through employment based immigration. But some how it does apply to us because we do belong to medical/dental field. I will be filling in my occupation, education and employment history as dental graduate and dentist.. so it would be a lie to say that im NOT a graduate of foreign medical school who has NOT given license exams..

I really dont think it will matter to us who have applied through family based visa whether we answer yes or no.. this will not be a cause of denial or anything! But yes should be truthful and give proper explanations.

@anamaral i think i will double check with NVC too.. which number did u call? the new one ?