F1 Students: Green Card Lottery Eligibility Explained

International students with F1 visas can apply for a Green Card through several pathways, including employment-based categories, family sponsorship, and the Diversity Visa Lottery. The Diversity Visa Lottery is a viable option for F1 visa holders to obtain a Green Card without a sponsor. However, the process of transitioning from an F1 visa to a Green Card can be complex and lengthy, requiring careful planning and maintenance of status. While the US does not explicitly prohibit international students from obtaining a Green Card, they do face rigorous application requirements and must demonstrate their intention to return to their home country after completing their studies.

F1 visa holders can apply for the Diversity Visa Lottery without a sponsor

The F1 visa is a non-immigrant visa for international students who are accepted to enrol full-time in an academic program in the United States. The program must be approved by the U.S. Student and Exchange Visitor Information System (SEVIS). F1 visas are typically issued to applicants who intend to return to their home country after completing their studies. However, F1 visa holders can explore various options to obtain a Green Card and become permanent residents in the U.S.

The Diversity Visa Lottery, also known as the Green Card Lottery, is a program that allows individuals to apply for a Green Card without a sponsor. F1 visa holders can participate in the lottery by registering during the specified time published by the U.S. Department of State each year. While no sponsor is required, F1 visa holders must meet the eligibility requirements for the lottery, which may include proof of educational qualifications or other criteria.

It's important to note that the process of obtaining a Green Card can be complex and lengthy, and F1 visa holders should carefully consider their options and seek professional advice if needed. Other pathways to obtaining a Green Card for F1 visa holders include family sponsorship, employer sponsorship, marriage to a U.S. citizen or permanent resident, and employment-based categories. Each pathway has distinct requirements, and F1 visa holders should assess their individual circumstances to determine the best route for their specific situation.

F1 students can apply for a Green Card through family sponsorship

Another way for F1 students to obtain a Green Card through family sponsorship is by receiving sponsorship from a parent or child. However, this method is considered less common and potentially more difficult. To pursue this option, it is important to first understand the F1 visa and the responsibilities associated with being an F1 nonimmigrant.

While the US does not explicitly prohibit international students from obtaining a Green Card, the process can be challenging. One option for F1 students is to self-petition for an EB-1 visa, which is specifically designed for individuals with extraordinary abilities. The requirements for this visa are extensive and may include proving that you have received a nationally or internationally recognized award for excellence, published material about you in major media, or membership in an association that demands outstanding achievement.

In addition to family sponsorship, F1 students can explore other pathways to obtain a Green Card, such as employer sponsorship, the Diversity Visa Lottery Program, or by seeking asylum in the United States if their life is at risk in their home country.

International students can transition to a Green Card by marrying a US citizen

International students on an F-1 visa can marry a US citizen and transition to a Green Card. However, it is important to note that marriage does not automatically guarantee a Green Card or permanent stay in the US. There are several requirements and procedures that must be met and followed for the transition.

Firstly, it is important to be aware of the 90-day rule. This guideline is used by USCIS to determine whether a person intends to commit immigration fraud. In other words, it means that a person entered the US declaring one intent, such as to study, but actually intends to stay in the country for other reasons. If an international student applies for a Green Card within 90 days of arriving in the US, it raises red flags for immigration officers. Therefore, it is advisable to wait at least 90 days before applying for a marriage-based Green Card.

To transition from an F-1 visa to a marriage-based Green Card, the following steps must be taken:

• The US citizen spouse must file a petition with the USCIS to prove their eligibility and ability to sponsor their spouse.
• The couple must meet the requirements for a petitioner and beneficiary, respectively, by filling out forms, submitting relevant documents, and attending a Green Card interview.
• The US citizen spouse will need to file an I-130 petition, which establishes the marital relationship.
• The international student spouse will need to file an I-485 form, also known as the "Application to Register Permanent Residence or Adjust Status."
• Both the I-130 and I-485 forms can be filed concurrently or separately.
• The USCIS will adjudicate the petition, and if the officers determine that the relationship is genuine and the eligibility criteria are met, the application will be granted.

It is important to note that the process for obtaining a marriage-based Green Card can be complicated, and it is recommended to seek assistance from an experienced immigration lawyer or qualified professional. Additionally, while waiting for the I-485 form to be approved, the international student spouse should not travel outside the US without a travel permit, as it may result in their application being considered abandoned.

International students on an F-1 visa also have other pathways to obtain a Green Card, such as family sponsorship, employer sponsorship, the Diversity Visa Lottery Program, or by seeking asylum in the US if their life is at risk in their home country.

F1 visa holders can apply for a Green Card through employment-based categories

F-1 visas are non-immigrant visas for people who want to study in the United States. To obtain an F-1 visa, you must prove that you will return to your home country after your studies and that you have no intention of staying in the US illegally. Despite this, there are several pathways for F-1 visa holders to obtain a Green Card and transition to permanent residency.

One way to do this is through employment-based categories. F-1 visa holders can apply for a Green Card through the EB-1 visa category, which is for "Persons with Extraordinary Abilities." To qualify, you must meet certain criteria, such as having received a nationally or internationally recognized award for excellence, having original and significant contributions in your field, or having published material about you in major media outlets. The EB-1 visa allows you to work permanently in the US in your field of specialty. However, obtaining this visa can be challenging due to the extensive requirements.

Another employment-based pathway is through the EB-2 visa category, which is for individuals with advanced degrees or exceptional ability. F-1 visa holders can also obtain an H-1B work visa after completing their degree, which allows them to work in the US for up to three years, with the option to renew for another three years. After six years on an H-1B visa, individuals can apply for an employment-based Green Card.

Additionally, F-1 visa holders can seek employer sponsorship for a dual-intent visa, such as the H-1B visa. With this visa, individuals can work in the US for up to 12 months and then apply for a Green Card. It is important to note that only employers can initiate this process, and it is a more indirect and lengthy path to obtaining a Green Card compared to the EB-1 visa.

While the US does not explicitly prohibit F-1 visa holders from obtaining a Green Card, the process can be challenging, and it is recommended to seek assistance from an experienced immigration lawyer or other qualified professional.

F1 students can seek asylum in the US and later apply for a Green Card

International students on an F1 visa can seek asylum in the US if they can demonstrate a credible fear of returning to their home country due to past or future persecution based on race, religion, nationality, membership in a particular social group, or political opinion. They must also be unable to relocate to another part of their home country to escape the persecution.

To apply for asylum, F1 visa holders will undergo a similar process to all other asylum seekers in the US. They must apply within one year of their most recent entry into the US, due to the 1-year bar for asylum applications. During the asylum process, F1 visa holders are entitled to certain rights and protections, including the right to work, protection from removal, and access to social services and benefits.

If the asylum application is denied, an F1 visa holder who maintained their nonimmigrant status during the asylum process will continue to be eligible to stay in the US under the terms of their F1 visa. However, once their current study program ends and/or their F1 visa expires, they will be required to leave the country.

On the other hand, if the asylum application is approved, the individual can live in the US for one year with asylum status and then apply for adjustment of status to become a permanent resident Green Card holder.

There are several pathways for F1 students to obtain a Green Card, including:

• Family or employer sponsorship
• Marrying a US citizen or permanent resident
• Winning the Diversity Visa (Green Card) Lottery
• Self-petition as a Person with Extraordinary Abilities (EB-1 visa)
• Obtaining an employment-based visa, such as the H-1B visa, and then applying for a Green Card

Frequently asked questions