Janice Lozano
International students can become lawful permanent residents (LPRs) in the United States, also known as 'green card' holders, but the process is complex and involves several steps. LPR status permits foreign nationals and their dependents to live and work indefinitely in the US. There are various pathways to obtaining LPR status, including family-based, employment-based, refugee or asylee-based, and the diversity lottery. For example, Yale University sponsors LPR applications for teaching faculty appointments of Assistant Professor and higher, and for permanent academic research faculty. The University of Pittsburgh also sponsors employment-based petitions for EB-1b Outstanding Professor/Researcher and EB-2 Advanced Degree categories. Obtaining LPR status as an international student requires careful consideration of one's specific circumstances and eligibility, and it may be beneficial to consult with an immigration lawyer or the relevant university's Office of International Students and Scholars (OISS).
| Characteristics | Values |
|---|---|
| Lawful Permanent Resident (LPR) status in the United States | Immigrant, green card holder, permanent resident |
| LPR status permits | Permission to reside and work in the U.S. indefinitely |
| LPR status eligibility | Family-based, employment-based, refugee or asylee-based, diversity lottery, special acts of Congress |
| LPR status for international students | Sponsored by universities, e.g., Yale, Florida Tech, and Pitt |
| LPR status categories | EB-1-B Outstanding Professor/Researcher, EB-2 Labor Certification, EB-1-A Extraordinary Ability, EB-1b, EB-2 NIW (National Interest Waiver) |
| LPR status requirements | Permanent position, international recognition, academic credentials, professional experience, academic community standing, reputation within the field of expertise |
| LPR status maintenance | Allowed to leave for short periods, but frequent or long absences may lead to LPR status abandonment |
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What You'll Learn
- International students can obtain LPR status through employment
- International students can obtain LPR status through family-based petitions
- International students can obtain LPR status through refugee or asylee status
- International students can obtain LPR status through the diversity lottery
- International students with LPR status can study abroad
International students can obtain LPR status through employment
There are several categories of LPR status, with two of the most common employment-based categories being EB-1-B Outstanding Professor/Researcher and EB-2 Labor Certification. The EB-1-B category is for outstanding teaching faculty or permanent academic researchers, and requires the applicant to demonstrate international recognition in their field. They must also have at least three years of experience in teaching or research, and fulfil at least two out of six qualifying criteria. The EB-2 category requires applicants to possess an advanced degree, such as a Master's, PhD, JD, or MD, and also obtain a permanent foreign labor certification (PERM). This certification proves that there are no other qualified U.S. workers available for the position.
Other employment-based categories include EB-1a Extraordinary Ability and EB-2 NIW (National Interest Waiver). These categories are not strictly 'employer-sponsored', meaning that the applicant can apply on their own or with an attorney of their choosing.
The eligibility standard for LPR status is high, and applicants must provide extensive documentary evidence of their qualifications and achievements. The process can be lengthy, and it is recommended that applicants maintain a valid status throughout, until a green card is issued.
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International students can obtain LPR status through family-based petitions
To petition for a foreign-born child over the age of 21, a U.S. green card holder must prepare and submit a visa petition to U.S. Citizenship and Immigration Services (USCIS) on Form I-130, along with supporting documents and a fee. If petitioning for multiple children, a separate I-130 form must be completed for each child. Upon approval by USCIS, the child will be considered a "'second preference relative'" in category F2B of the family-based visa preference system.
It is important to note that preference relatives face annual quotas on the number of visas granted, and there may be a wait of several years before a visa or green card becomes available. The time it takes for a visa or green card to become available depends on the demand from the child's home country.
In addition to family-based petitions, international students can also obtain LPR status through employment-based petitions. Universities like Yale and the University of Pittsburgh sponsor employment-based permanent residency petitions, such as EB-1b and EB-2. To qualify for these categories, applicants must meet specific criteria and provide extensive documentary evidence of their outstanding academic achievements and international recognition in their field.
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International students can obtain LPR status through refugee or asylee status
International students can become lawful permanent residents (LPRs) of the United States through refugee or asylee status. Refugee and asylee status are two different ways for individuals to remain in the US due to their inability to return to their home country out of fear of persecution based on race, religion, political opinion, or membership in a particular social group, among other reasons. Refugees are those outside of their country of nationality, while asylees are either already in the US or seeking admission at its port of entry.
To obtain LPR status as an international student through refugee or asylee status, there are specific requirements that must be met. Firstly, the individual must continuously meet the definition of a refugee or asylee, which includes having a well-founded fear of persecution if they return to their home country. Additionally, they should not have firmly resettled in any foreign country. International students seeking LPR status as refugees or asylees must also be admissible to the US as immigrants during the time of status adjustment. This involves meeting certain eligibility requirements and not having committed any criminal acts or violations of immigration law.
For asylees, it is important to note that they must have been physically present in the United States for at least one year after being granted asylum status before they can apply for LPR status. They can file Form I-485, Application to Register Permanent Residence or Adjust Status, to initiate the process. However, they should be prepared to provide evidence of their asylee status, such as Form I-94 and the letter granting asylum. Additionally, they may need to submit Form I-602, Application by Refugee for Waiver on the grounds of excludability, if applicable.
International students can increase their chances of obtaining LPR status through refugee or asylee status by seeking guidance from their university's Office of International Students and Scholars (OISS). The OISS can provide support and review eligibility requirements, recommending the best avenues for obtaining LPR status. They can also assist with the preparation and submission of LPR applications for teaching faculty appointments and permanent academic research faculty.
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International students can obtain LPR status through the diversity lottery
International students can obtain LPR status through the Diversity Immigrant Visa Lottery, also known as the Green Card Lottery. This is a true lottery, not a merit-based system, and anyone can enter. If your application is selected, you may apply for LPR status in the U.S.
The Diversity Lottery is open only during certain times of the year, and the entry form link is only active during the registration period. It is important to keep your confirmation number, as this is crucial for checking your application status later. There is no fee to enter the lottery, but if you are selected and choose to apply for a Diversity Visa, you will need to pay the mandatory green card application fees.
The Diversity Lottery is a way for people from countries that do not usually send many immigrants to the U.S. to have a chance at obtaining LPR status. Countries that are typically ineligible for the lottery include Canada, China, India, Mexico, and the U.K.
It is important to note that even if you win the lottery, you may not be able to obtain LPR status until you have fulfilled certain requirements, such as the two-year home residence requirement. Additionally, if you are selected, you must act quickly, as your application must be processed and your visa issued by the end of the fiscal year for which you were selected.
The Diversity Immigrant Visa Lottery is a legitimate opportunity for international students to obtain LPR status in the U.S. However, it is important to be aware of scams related to the lottery, as there is no way to increase your chances of winning, and the Department of State does not notify winners by mail or email.
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International students with LPR status can study abroad
However, if an LPR moves to another country with the intention of living there permanently, they can be deemed to have "abandoned" their LPR status and may lose their residency. To avoid this, LPRs planning to study abroad should consult an immigration lawyer to obtain a re-entry permit before leaving the country. This will help ensure that their time abroad does not jeopardize their LPR status.
Additionally, LPRs should be mindful of the duration of their stay abroad. Generally, if an LPR stays outside the United States for an extended period, about a year, they may risk losing their LPR status. However, this timeframe is not absolute, and each case is evaluated based on its unique circumstances. USCIS considers factors such as the reason for travel, the intended duration of absence, any events that may have extended the absence, and connections maintained in both the U.S. and the visited country.
It is also important for LPRs to continue filing U.S. tax returns while abroad, as declaring themselves as "nonimmigrants" could constitute abandonment of their LPR status. By carefully considering these factors and seeking appropriate legal advice, international students with LPR status can successfully pursue educational opportunities abroad while maintaining their residency in the United States.
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Frequently asked questions
LPR stands for Lawful Permanent Resident. It is also known as a 'green card holder' or 'permanent resident'. These terms all mean the same thing, that the person has permission from immigration to reside in the U.S. permanently.
There are several ways to obtain LPR status in the U.S. These include through a petition from an employer, marriage to a U.S. citizen, or the U.S. Department of State diversity visa lottery program. The process is complex and requires an in-depth review and analysis of each individual case.
Yes, international students can become LPRs. However, the eligibility standard is very high and involves providing intensive documentary evidence of outstanding academic achievements with international recognition.
LPR status allows foreign nationals and their dependents to permanently remain and be employed in the United States. LPRs can also leave the U.S. for short periods of time and return, although spending more time outside the U.S. than inside may result in the cancellation of LPR status.
Yes, but it is advised that you consult an immigration lawyer before doing so. Obtaining a re-entry permit before leaving may mitigate the chances of abandoning LPR status.
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