International Students: Pathway To Citizenship

International students who wish to remain in their host country often consider applying for citizenship. The process and requirements vary depending on the country, and there may be multiple pathways to citizenship. In the United States, for example, international students can pursue permanent residency and citizenship through various visa options and the naturalization process. Understanding the specific steps and eligibility criteria is essential for international students seeking to become citizens of their host country.

Naturalization

International students in the United States who wish to become citizens must first understand that there is no direct path to citizenship. However, there are several steps and requirements that can lead to permanent residency and, eventually, citizenship.

F-1 Visa

International students in the US typically hold an F-1 visa, which is a non-immigrant visa that allows for temporary stay in the country with the intent to return abroad after its expiration. While on an F-1 visa, students can apply for Optional Practical Training (OPT), which provides an additional 12 months in the US at each educational level. For those with STEM degrees, a 24-month extension is available. Although OPT status is still considered non-immigrant, it allows students to gain work experience in the country.

H-1B Visa

After completing their OPT, international students may transition to an H-1B visa, which is a non-immigrant visa for temporary employment in specialty jobs requiring a bachelor's degree. Students cannot apply for this visa themselves; instead, their employer must petition and apply for it on their behalf. The H-1B visa is valid for three years and can be extended for an additional three years. However, it is subject to an annual cap of 65,000 visas (with an extra 20,000 for advanced degrees), and applications are processed through a lottery system.

Green Card

Towards the end of the maximum six years on an H-1B visa, the next step towards citizenship is obtaining a green card. This requires the employer to petition for an employer-based green card on the individual's behalf. The transition from an H-1B visa to a green card is divided into five preference categories. Obtaining a green card allows an individual to become a permanent resident of the US.

After holding a green card for five years, an individual may apply for naturalization, which is the process of voluntarily becoming a US citizen. To be eligible for naturalization, applicants must meet specific requirements, including:

• Age: 18 years or older
• Residency: Maintaining continuous US residency and being physically present in the US for at least half of the eligibility period. Additionally, living in the immigration district where the application is filed for at least three months in the six months preceding the application.
• English Proficiency: Demonstrating proficiency in the English language, although exceptions may apply based on age, medical condition, etc.
• Moral Character: Demonstrating good moral character.
• Knowledge: Passing a test on US history, government, and the Constitution.
• Oath of Allegiance: Completing a 10-step naturalization process and taking an oath of allegiance to the US.

It is important to note that the process of obtaining US citizenship is long and complex, and specific steps may vary based on individual circumstances. International students should seek detailed information from official sources and consult with experts in the field to navigate their unique paths towards citizenship effectively.

Student visa options

To study in the US as an international student, you must obtain a student visa. The most common types of student visas are F-1, M-1, and J-1. Each visa type has specific requirements and restrictions that applicants should be aware of.

The F-1 visa is for full-time international students pursuing academic studies. To be eligible for an F-1 visa, you must be enrolled in an academic educational program, a language-training program, or a vocational program. Your school must be approved by the Student and Exchange Visitor Program (SEVP), and you must be enrolled as a full-time student. Additionally, you must demonstrate English proficiency or be enrolled in courses to improve your English skills. You must also have sufficient funds to support yourself during your studies and maintain a residence abroad that you do not intend to give up. F-1 students may accept on-campus employment during their first academic year and can apply for off-campus employment in specific situations, such as severe economic hardship.

The M-1 visa is for full-time international students pursuing vocational studies or other non-academic programs, excluding language training. Similar to the F-1 visa requirements, M-1 applicants must be enrolled full-time at an SEVP-approved institution and meet the English language and financial support criteria. However, M-1 students are restricted from working during their studies and can only engage in practical training after they have completed their programs.

The J-1 visa is a bit different from the F-1 and M-1 visas. It is an exchange visitor visa for foreign nationals participating in work-and-study-based exchange programs, such as visiting scholars, camp counselors, au pairs, or research assistants. J-1 visa holders must be enrolled in programs accredited by the Bureau of Educational and Cultural Affairs. They can work, but the type of employment may be restricted, and they must contact their responsible officer to determine their eligibility for work outside their program of study.

It is important to note that obtaining a student visa does not automatically lead to US citizenship. However, international students can explore various pathways to transition from student status to permanent residency and eventually citizenship. One option is to obtain an H1-B visa, which allows highly skilled international workers to remain in the US temporarily with "dual intent," meaning they can have plans for legal immigration. Another option is to apply for a green card, which can lead to naturalization after meeting certain requirements and residing in the US for a specified period.

Permanent residency

International students can pursue permanent residency in a number of countries, including the US, Canada, Australia, Italy, and Portugal. Each country has its own unique set of requirements and processes for obtaining permanent residency status. Here is an overview of the pathways to permanent residency in some of these countries:

United States

In the US, international students typically enter the country on an F1 visa, which is a non-immigrant visa that does not provide a direct path to permanent residency. However, there are alternative pathways that students can explore. One option is to transition to an H1-B visa, which is considered "dual intent," allowing holders to have legal immigration plans to obtain permanent residency. Another option is to pursue an employer-sponsored immigrant visa, which provides permanent worker status. After obtaining permanent residency, often referred to as a "Green Card," individuals can apply for naturalization after five years, provided they meet other requirements such as basic English proficiency and good moral character.

Canada

Canada offers a pathway to permanent residency for international students. According to statistics, three out of ten international students who arrived in Canada after 2000 successfully transitioned from student status to permanent residency within ten years of receiving their first study permit. However, specific processes and requirements may vary, and it is important for students to explore their options and plan their journey towards permanent residency.

Australia

In Australia, international students can pursue permanent residency by securing employment in the country. The work-stream visa is a pathway to Australian citizenship, particularly for those with an Australian employer sponsorship or skills valued by the country. To apply for Australian citizenship, individuals who became permanent residents on or after July 1, 2007, must have lawfully resided in Australia for four years prior to their application.

Italy

In Italy, international students, especially non-EU nationals, have the right to apply for permanent residence permits after continuously living in the country for five years. The specific duration may vary, with EU citizens eligible for permanent residency after three months of residence, while non-EU citizens need to reside for five years.

Portugal

Portugal offers a straightforward pathway to citizenship for international students. After legally residing in the country for a minimum of five years, individuals can apply for citizenship. Proficiency in the Portuguese language, evidence of active ties to the national community, and a clean criminal record are among the requirements for citizenship. If married to a Portuguese citizen, the residency requirement is reduced to three years.

Dual citizenship

International students can apply for citizenship in their country of residence, and some countries may offer a streamlined path to citizenship for international students. The requirements and options for citizenship vary depending on the country.

In the United States, for example, there is no single direct path to citizenship for international students, but several options exist. One option is to obtain a green card, which is a step towards permanent residency, and then apply for naturalization after five years. Green card holders must be over the age of 18, speak basic English, and be of good moral character to apply for naturalization. They must also pass the U.S. citizenship test and go through the "10-step naturalization process" to verify their eligibility and establish an oath of allegiance to the U.S.

Another option for international students in the U.S. is to obtain an F1 OPT visa, which allows them to work in the country after graduation. The H1B visa is another option for highly skilled international workers, but it is very competitive to obtain.

It is important to note that the process of obtaining citizenship as an international student can be complex and may involve a range of factors, including the student's country of origin, their length of stay, and the specific requirements and options offered by their country of residence.

In terms of dual citizenship, this is when a person holds citizenship in two countries at the same time and enjoys the rights and privileges of both. The laws and requirements for obtaining dual citizenship vary from country to country. In some countries, dual citizenship is automatically granted if a child is born to a parent who is a citizen, regardless of the child's place of birth. In other cases, an individual may need to apply for citizenship in their country of residence while holding citizenship in their home country.

For example, in the context of the United States and Germany, an individual can have dual citizenship if they are born in the U.S. to a German parent. This allows them to hold both American and German citizenships and enjoy the rights and benefits of both countries, such as ease of travel, access to education and healthcare, and the right to live and work in either country.

When applying for higher education, individuals with dual citizenship may have the option to choose which citizenship to apply under, and this decision can impact their application process and chances of acceptance. In the case of the U.S. and Germany, applying as an American citizen from abroad may be easier than applying as a German citizen due to the lower number of German students typically applying to U.S. colleges.

Green card eligibility

International students in the US on F-1 visas are granted temporary stays in the country, with the intention of returning to their home country after their visa ends. However, if an international student wishes to remain in the US, they may consider applying for permanent residency, also known as a "green card". While the US does not explicitly prohibit international students from trying to get a green card, the process is quite difficult and there is no direct path to citizenship. Here are some ways international students can pursue a green card:

Employment-Based Options:

• H-1B Visa: After graduating, some students employed by a US-based company may be able to change their status from an F-1 visa directly to an H-1B visa. This is a non-immigrant, temporary visa, but it is considered "dual intent," meaning holders can have legal immigration plans. The H-1B visa is valid for three years, with an option to extend for an additional three years. Towards the end of the six-year period, your employer can apply for a green card through an H-1B visa petition on your behalf.
• EB-1 Visa: This is an employment-based visa that allows F-1 students to work in the US for about 12 months after graduation. If you find a job, your employer must sponsor you by paying for the petition and following labour and visa laws. Obtaining a green card through the EB-1 visa is challenging, and only a small number of people achieve it.

Family-Based Options:

Marriage to a US Citizen: International students can adjust their status to an IR-1 or spouse visa if they marry a US citizen. However, USCIS conducts extensive background checks to ensure the validity of the relationship, and the process should not be taken lightly.

Other Options:

• Extraordinary Abilities: International students with exceptional abilities or achievements may be able to self-petition as a Person with Extraordinary Abilities.
• Investment in the US Economy: International students who can invest $500,000 to $1,000,000 in a US commercial enterprise and create more than 10 permanent jobs may be eligible for the EB-5 visa, a green card for wealthy investors.

Once an individual obtains a green card, they can enjoy benefits such as increased access to scholarships and grants, expanded internship and government job opportunities, and the ability to work freely in the US without the restrictions imposed on F-1 visa holders. They are also eligible for federal financial aid and can apply for US citizenship after meeting certain requirements and holding the green card for a specified period.

Frequently asked questions