How to go from student visa to permanent residence? The complete guide to getting started
Many international students who study in the United States hope to one day become lawful permanent residents or green card holders on completion of their degree course. Though the process may seem complicated, it is not impossible. Here is everything you need to know about how to change your F-1 visa to a Green Card.
IS A STUDENT VISA A PERMANENT RESIDENT CARD?
The short answer is No; The F-1 Visa only allows you to enter the United States as a full-time student at an accredited college, university, academic high school, elementary school, or other academic institution. F-1 visa doesn't give a permanent resident right to students.
CAN AN F1 STUDENT VISA HOLDER APPLY FOR A GREEN CARD?
If you are an international student currently living in the U.S. on an active F1 visa, then there is a strong possibility you would like to stay in the U.S. permanently. With a student visa, you are eligible to apply for a green card and may obtain it, which will allow you to legally live and work in the U.S.
HOW TO BECOME A PERMANENT RESIDENT WITH AN F1 VISA?
You must meet several requirements to be eligible for this process. There are several paths an F1 student visa holder can take to become a permanent resident, which are discussed below.
1. Self-petition as a Person with Extraordinary Abilities
EB-1 visas, available to people with extraordinary abilities in the arts, sciences, education, business, or athletics, this may be a reliable way for you to gain permanent residency in the U.S. Some people are eligible to apply for an EB-1 visa after completing a course of study in the United States. Although these visas are difficult to obtain, you may qualify for one.
Some of the requirements of the EB-1 visa include proving you have achieved any of the following:
Having won an Oscar, Pulitzer, or an Olympic Medal prize
Evidence that you have received a national or international prize/award for your achievements and excellence
Evidence that you are a member of an association for your field which continuously asks for advancements from their members
Evidence that you have published papers or research in your field which has been recognized in journals or the media
Evidence that you had to evaluate the work of other people either as an individual or in a panel, etc.
2. Adjust status to a dual intent visa
A very small number of people can get a Green Card directly through the EB-1 visa, so other methods are available. An indirect approach is to adjust status from an F-1 visa to a dual intent visa.
A dual intent visa is a nonimmigrant work visa that allows you to apply for a Green Card. The adjustment can happen after a certain period of time has passed. Dual intent visas are some of the H nonimmigrant visas, such as the H-1B visa. After you complete your course of study, you can continue to work in the United States for around a year through curriculum practical training or optional practical training. If you engage in either type of training and get the appropriate visa, you may be able to petition the U.S. government for a green card.
The Curriculum Practical Training (CPT)
The F-1 student can get employment from the educational institution that they attend. They can complete practical training like working as a Teaching or Research Assistant. Students can start their CPT after nine months of enrolling in the educational institution. The CPT can continue for 12 months. This could convince the institution to sponsor the student. The student can stay as Associate Professor if he or she fulfills the criteria.
The Optional Practical Training (OPT)
The OPT program allows international students to get some work experience in the U.S. The student finds a job from a U.S employer in their specific field of expertise and can work for 12 months. If they are successful during their OPT, they can get a chance at a dual intent visa. The employer can sponsor you to get an H-1B visa. The employer must petition for you to the USCIS and get approval. After getting the dual intent visa, the international student can apply for a Green Card. This is a more indirect path that takes longer, but most international students choose it since it is a bit easier than getting an EB-1 visa.
3. Marrying a U.S. Citizen
Finally, one way to get a Green Card if you are an international student is to marry a U.S citizen. This path to a Green Card will adjust your status to an IR-1 visa or a spouse visa. The spouse visa is only for foreign spouses of U.S citizens. Note that you will have to prove that your relationship is legitimate (not simply a ploy to get residency). The process is quite rigorous and can involve interviews, background checks, and the examination of documents you provide to the USCIS. They want to ensure that the relationship is not only for the Green Card.
4. Receiving Employer Sponsorship
If you are unable to meet the criteria for an EB-1 visa, you could still be able to apply for EB-2 or EB-3 visa. If you fulfill the desired requirements to attain an EB-2 or EB-3 visa, then your employer will also have to file the appropriate forms with the U.S. Citizenship and Immigration Services. This way, you can have your employer sponsor you.
CAN A PERMANENT RESIDENT BE DEPORTED?
The green card immigration status allows you to live and work in the U.S. indefinitely. However, it is possible to be deported. Each year the U.S. deports thousands of lawful permanent residents, 10 percent of all people deported. Many are deported for committing minor, nonviolent crimes.
Do You Need An Attorney About How You Can Turn Your F-1 Visa Into A Green Card?
If you like to explore your options for obtaining a green card from an F-1 visa, our team will be happy to guide you through the process.
Call us at +91 8976772900 now to schedule a free consultation with our experienced immigration attorney, who can answer your questions and help you attain permanent residence in the United States.
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