Lori Meadows
International students who wish to remain in their host country often consider applying for citizenship. In the United States, for example, there are several pathways for international students to transition from student status to permanent residency and eventually citizenship. One common route is to obtain a Green Card, either through employment-based sponsorship or family sponsorship, after graduating. Alternatively, students with extraordinary achievements in areas like science, education, arts, business, or athletics may qualify for an EB-1 visa, which is one of the fastest routes to a Green Card. However, it is important to note that the process of obtaining permanent residency and citizenship is often long and complex, and specific requirements must be met, such as demonstrating proficiency in English and knowledge of US history and government.
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What You'll Learn
Obtaining a green card through employment
International students can take several pathways to transition from student status to permanent residency in the US. One of the ways to obtain a Green Card is through employment. Employment-based Green Cards are available to those seeking entrance and permanent resident status in the US through an employer.
EB-1, EB-2, and EB-3 Immigrant Visas
If you are in the US, you may be eligible for an EB-1, EB-2, or EB-3 immigrant visa if you meet the following requirements:
- You must file Form I-485, Application to Register Permanent Residence or Adjust Status.
- You must be inspected and admitted or inspected and paroled into the US.
- You must be physically present in the US when you file your Form I-485.
- An immigrant visa must be immediately available to you when you file your Form I-485 and when USCIS makes a final decision on your application.
EB-2 Immigrant Visa
Those eligible to apply for a Green Card under the EB-2 category include professionals holding advanced degrees (beyond a baccalaureate degree) and persons of exceptional ability in arts, sciences, or business.
EB-3 Immigrant Visa
The EB-3 visa is for skilled workers, professionals, or other workers.
Other Employment-Based Immigrant Visas
Other types of employment-based immigrant visas include:
- EB-4 visas for religious workers and special immigrant juveniles.
- EB-5 visas for immigrant investors. To qualify as an EB-5 immigrant, you must invest between $900,000 and $1,800,000 in the US, depending on the geographical area.
Derivative Applicants
If you are a derivative applicant (a spouse or child), you should submit the following evidence to apply for a Green Card under an employment-based immigrant category:
- Form I-485, Application to Register Permanent Residence or Adjust Status.
- Copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree.
- Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant's Form I-140 (unless you are filing your Form I-485 together with the principal applicant's Form I‑485).
- Copy of the Form I-797, Approval or Receipt Notice for the principal applicant's Form I‑485, or a copy of the principal applicant's Green Card (if not filing together with the principal applicant's Form I-485).
Application Process
To begin the process of obtaining an employment-based Green Card, your employer must obtain an application for labor certification from the Department of Labor. Once they have received this, Form I-140, Immigrant Petition for Alien Worker, must be completed and submitted by your employer on your behalf.
Extensive documentation and years of proven experience are often required to accompany the application for a Green Card. The average processing time for a Green Card application is six months, but this may vary depending on the USCIS service center. You may request to expedite the process for an additional fee.
Once you obtain a Green Card, you may apply for naturalization after five years. Other requirements include being 18 years or older, speaking basic English, and having good moral character. The application process includes a US citizenship test and a demonstration of proficiency in the English language.
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Marriage to a US citizen or green card holder
If an international student marries a US citizen, they may be eligible for naturalization and can apply for a green card. The student must be married at the time of filing the naturalization application and must have lived in a marital union with their US citizen spouse for at least three years before and during the application process. They must also establish that they will reside with their US citizen spouse outside the United States immediately after naturalization until their spouse's employment outside the US ends.
On the other hand, if an international student marries a green card holder, the process may be slightly different. The student's spouse must maintain valid immigration status in the US while waiting for lawful permanent resident status. The student must have a valid work or visitor visa until a visa number is available to file for adjustment of status and obtain a green card. The entire process can take up to two and a half years, and the student must maintain valid visa status throughout.
It is important to be mindful of the 90-day rule set by USCIS. If an international student marries a US citizen or green card holder and applies for a green card within 90 days of entering the United States, USCIS may deem it as marriage fraud and revoke their visa. Therefore, it is advisable for international students to carefully consider the timing of their marriage and green card application to avoid any complications.
Additionally, marriage to a US citizen or green card holder may impact the international student's ability to re-enter the United States on a student visa. Marrying a US citizen may raise questions about their intent to return to their home country, and they may be denied re-entry on their student visa. However, they can apply for "advance parole," which allows them to travel while their green card application is being processed.
In summary, marriage to a US citizen or green card holder can provide a pathway to US citizenship for international students, but it is important to carefully navigate the complex immigration processes and be mindful of the potential impacts on their visa status and travel plans.
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The naturalization process
International students can become citizens of a country through a process called naturalization. Naturalization is the process of voluntarily becoming a citizen of a country. In the case of the United States, the process involves 10 steps.
Firstly, it is important to determine if you are already a citizen of the country in which you are an international student. If not, the next step is to determine your eligibility for citizenship. To be eligible for U.S. citizenship, you must be a permanent resident of the country, have continuous U.S. residency for a certain period of time, be 18 years of age or older, and have basic proficiency in English. Other requirements include being married to a U.S. citizen, being a lawful permanent resident for three years, serving in the U.S. military, or being the child of a U.S. citizen.
Once you have determined your eligibility, you can prepare and submit Form N-400, Application for Naturalization, along with the necessary documents and fees. You will then need to attend a biometrics appointment and complete an interview with the U.S. Citizenship and Immigration Services (USCIS). After this, you will attend a naturalization ceremony, where you will take the Oath of Allegiance and turn in your Permanent Resident Card (Green Card). Following this, you will receive your Certificate of Naturalization and officially become a U.S. citizen.
It is important to note that the process of naturalization may vary slightly depending on the country in which you are seeking citizenship. Additionally, the requirements for eligibility may differ, and it is essential to carefully review and understand the specific requirements and steps involved in the country of your choice.
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Permanent residency requirements
The process of obtaining permanent residency varies across different countries. Here is an overview of the permanent residency requirements for the United States and Canada.
United States
In the United States, a foreign national must become a Lawful Permanent Resident (LPR) to live and work permanently. There are several ways to obtain a Green Card, including through employment, family, ability, and the visa lottery. Employment-based routes require an in-depth review and analysis of each individual case, taking into consideration the position offered, the applicant's immigration history, academic credentials, professional experience, standing in the academic community, and reputation within their field.
LPR status typically follows several years in other nonimmigrant visa statuses, such as H-1B, TN, O-1, J-1, or F-1. H-1B visas are a common stepping stone to LPR for those in academic environments.
Canada
In Canada, international students who want to work after graduation must apply for a work permit under the Post-Graduation Work Permit Program. The first step to immigrating to Canada permanently as a skilled worker is to complete an Express Entry profile. However, doing so does not guarantee an invitation to apply for permanent residence. An invitation is based on an applicant's score and rank in the Express Entry pool using the Comprehensive Ranking System.
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Student visa options
To study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories: the F and M visas. The type of visa you need depends on your course of study and the type of school you plan to attend.
F-1 Visa (Academic Student)
The F-1 Visa is for students enrolled in an academic educational program, a language-training program, or a vocational program. Your school must be approved by the Student and Exchange Visitors Program, and you must be enrolled as a full-time student. You must also be proficient in English or be enrolled in courses to improve your English proficiency. Additionally, you must have sufficient funds to support yourself during your studies and maintain a residence abroad with no intention of giving up. F-1 students may not work off-campus during the first academic year but may accept on-campus employment. After the first year, they can engage in three types of off-campus employment, including the STEM Optional Practical Training Extension.
M-1 Visa (Vocational Student)
The M-1 Visa is for students in vocational or other non-academic programs, excluding language training. Similar to the F-1 visa, M-1 visa holders can only work on campus during their first academic year.
J-1 Visa
The J-1 visa is another option for international students. J-1 visa holders must contact their responsible officer to determine if they qualify for work outside their program of study.
Transitioning from Student Status to Permanent Residency
While there is no direct path from being an international student to becoming a U.S. citizen, it is possible to transition from a nonimmigrant to an immigrant visa. After obtaining permanent residency, you can apply for naturalization, which involves a 10-step process to verify eligibility and establish an oath of allegiance to the U.S. Requirements for naturalization include being 18 or older, speaking basic English, demonstrating good moral character, and passing the U.S. citizenship test.
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Frequently asked questions
There is no direct path to US citizenship for international students, but there are a few ways to increase your chances of becoming a citizen. One way is to obtain a Green Card, which is a long and complex process. You can apply for a Green Card through an employer or family sponsorship, or by demonstrating extraordinary achievements in areas like science, education, arts, business, or athletics.
A Green Card grants permanent residency in the US. To obtain one, you must have a student visa, such as an F1 visa, which allows foreign nationals to study full-time at accredited schools in the US.
Applicants for US citizenship must demonstrate proficiency in English, although there are exceptions based on age, medical condition, etc. They must also pass a test on US history, form of government, and the Constitution. Applicants must also maintain continuous US residency for a certain period, typically at least half of the period required for eligibility.
