Understanding Lpr Status: International Students' Immigration Journey

International students in the United States on a student visa can become lawful permanent residents (LPR) or green card holders, but the process is complex and difficult. There are several routes to achieving LPR status, including through employment, family connections, or marriage to a US citizen. Students can also self-petition as a person of extraordinary ability or become an investor in the US. The F-1 student visa allows foreign nationals to study as full-time students in the US, and some students may be able to transition to LPR status through Optional Practical Training (OPT) or by finding an employer who can sponsor them for an H-1B visa.

International students can obtain LPR status by marrying a US citizen

Persons married to US citizens are considered "immediate relatives" in the immigration process and can apply immediately for LPR status. The USC spouse must file an immigrant petition (Form I-130) for their alien spouse immediately after the marriage. The alien spouse may then file an application for adjustment of status to LPR (Form I-485) and accompanying requests for interim work permission (Form I-765), and Advanced Parole interim travel permission (Form I-131) immediately after marriage.

It is important to note that the marriage must be bona fide or in good faith, and not a sham marriage for the sole purpose of obtaining immigration benefits. To ensure this, the couple must file a request to have the condition removed after two years of marriage and present evidence that they are truly married.

Additionally, the spouse of a US citizen must have continuously resided in the United States as an LPR for at least three years before filing a naturalization application. This process involves maintaining a permanent dwelling place in the United States for the required period.

It is also worth noting that marriage to a US citizen can complicate an international student's visa status. While applying for LPR status, they will likely be denied re-entry into the United States on a student visa. Therefore, it is essential to carefully consider the timing of marriage and visa applications to ensure compliance with immigration laws.

International students can obtain LPR status through employment

There are several ways to obtain LPR status through employment. One way is through employer sponsorship, which is a three-step filing process involving two different U.S. agencies: the U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS). The employer acts as the sponsor and assumes all the responsibilities associated with the process. The LPR process is position-specific, meaning that the university files the PERM Form 9089 and the I-140 for a specific position. To obtain a green card through employer sponsorship, the beneficiary (the employee) must show that they will hold the sponsored position at the time that the I-485 is approved, which may be several years down the road.

Another way for international students to obtain LPR status through employment is by applying for certain employment-based categories, such as EB-1b and EB-2. These categories are considered 'employment-based' but are not strictly 'employer-sponsored', meaning that the university is not considered the petitioner. Employees applying in these categories may do so on their own or with the help of an attorney of their choosing. For example, at Yale University, the Office of International Students and Scholars (OISS) prepares and submits LPR applications for teaching faculty appointments of Assistant Professor and higher, as well as for permanent academic research faculty. To qualify for the EB-1b Outstanding Professor/Researcher category, the employee must demonstrate international recognition as being outstanding in a specific academic area, with at least three years of experience in teaching or research. The EB-2 category is often an easier process for permanent teaching faculty, as it simply involves documenting how the department recruited and selected them.

It is important to note that the process of obtaining LPR status through employment can be complex and time-consuming, and it may involve a long-term employment commitment. Additionally, international students seeking LPR status should be mindful of their current immigration status and maintain a valid status throughout the process.

International students can obtain LPR status by winning the Diversity Visa Lottery

The Diversity Visa Lottery is a true lottery, and anyone can enter. If your application is selected, you may apply for LPR status in the U.S. without needing a family or employer sponsor. However, you must be physically present in the U.S. and have entered the country legally. Additionally, you must have a job offer, although you do not need to be employed at the time of filing.

The Diversity Visa Lottery is free to enter, and there is no fee to submit an application. However, if you are selected and choose to apply for a Diversity Visa, you will need to pay the mandatory green card application fees. Winners are typically notified seven months after submitting their entry, and it can take up to 14 months to be scheduled for an interview and receive a visa.

It is important to note that the Diversity Visa Lottery process is complex and requires meticulous attention to detail. Consulting an experienced immigration attorney or expert is advisable to ensure you receive tailored advice and assistance in navigating the process efficiently.

International students can obtain LPR status by applying for an EB-1 visa

There are three subcategories within the EB-1 visa: EB-1A, EB-1B, and EB-1C. The EB-1A visa is for individuals with extraordinary abilities, EB-1B is for outstanding professors and researchers, and EB-1C is for executives and managers of foreign companies who are transferring to the US. To qualify for an EB-1 visa, applicants must provide evidence of sustained national or international acclaim in their field, such as awards or recognition in their industry.

The EB-1 visa process involves several steps, including filing Form I-140 ("Immigrant Petition for Alien Worker") and supporting documents. The EB-1 visa is valid indefinitely as long as the holder maintains their status and fulfils the conditions of their employment. Additionally, EB-1 applicants do not need to wait for a visa to become available, and there is typically no waiting time for visa availability. Spouses and unmarried children under 21 can also be included in the EB-1 visa application and can be eligible for derivative visas.

International students can obtain LPR status by becoming an investor in the US

International students can obtain LPR status, also known as a 'green card', by becoming an investor in the US. LPR status allows foreign nationals and their dependents to permanently reside and work in the United States.

There are several paths for international students to obtain LPR status, including self-petitioning as a person with extraordinary abilities, adjusting status to a Dual Intent Visa, marrying a US citizen, or becoming an investor. Obtaining LPR status by becoming an investor is one of the more expensive routes, but it is a viable option for those who wish to settle in the US long-term.

To obtain LPR status through investment, applicants must invest a minimum of $800,000 or $1,050,000 in a US commercial enterprise that provides more than ten permanent jobs. By doing so, international students holding an F1 Visa may be eligible to switch to an EB-5 Visa and ultimately obtain an Investor Green Card.

It is important to note that the eligibility requirements for LPR status are stringent, and applicants must provide detailed and intensive documentary evidence of their outstanding academic achievements with international recognition. Additionally, there are only 140,000 employment-based immigrant visas available each year, making it a competitive process.

International students seeking to obtain LPR status through investment should carefully consider their options and consult with legal experts to ensure they meet all the necessary requirements and increase their chances of a successful application.

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