International Students: Pathway To Permanent Residency

International students who want to come to the United States to pursue their studies need an F-1 student visa. This is a single-intent visa, meaning students agree to return to their home country once they finish their studies. However, there are several ways international students can become permanent residents of the United States.

Can an international student become a permanent resident?

F-1 student visa to green card

International students on an F-1 visa can become permanent US residents, but the process is complex and there are several steps involved.

Firstly, it is important to note that the F-1 visa is a single-intent visa, meaning that the holder must intend to return to their home country after their studies. Therefore, entering the US on an F-1 visa with the intention of gaining permanent residency is considered immigration fraud and can result in removal from the country and a bar on re-entry.

However, if an F-1 visa holder's plans change, there are several ways to adjust status and obtain a green card. Here are some of the most common methods:

Marriage

If an F-1 visa holder marries a US citizen or lawful permanent resident, they can petition for a green card. However, there is a 90-day rule to be aware of. If the marriage occurs within 90 days of entering the US on an F-1 visa, there is a presumption of immigration fraud, and the green card will be denied. After the 90-day mark, the applicant must still prove that the relationship is legitimate, but there will not be a presumption of fraud.

Employment

One option is to find an employer who will sponsor the applicant for an employment-based green card. This route requires an in-depth review and analysis of the applicant's immigration history, academic credentials, professional experience, and reputation within their field. The F-1 visa holder may take advantage of Curricular Practical Training (CPT) or Optional Practical Training (OPT) to gain work experience in their area of study. CPT involves an internship, work-study, or another type of practicum offered through an agreement with the institution, while OPT allows for off-campus employment in the student's field of study.

Investment

Another option is to become an investor in a US commercial enterprise, creating at least 10 permanent jobs. This route can lead to an EB-5 investor green card, which requires an investment of between $500,000 and $1 million.

Self-Petition

F-1 visa holders can also self-petition for an EB-1 visa, which is available to people with extraordinary abilities in the arts, sciences, education, business, or athletics. This route can lead to lawful permanent residency and, eventually, US citizenship.

National Interest Waiver

Individuals who have a national interest waiver may be able to obtain a green card without employer sponsorship. A waiver can be used if the applicant's work benefits the US economy, education, or health sectors, or other industries.

It is important to consult with an experienced immigration attorney to understand the specific requirements and eligibility for each of these options.

EB-1 visa for extraordinary abilities

International students can become permanent residents of the United States, but the process is complex and requires careful consideration of the individual's case.

One option for international students seeking permanent residency in the US is to obtain an EB-1 visa, which is an employment-based, first-preference visa for individuals with extraordinary abilities. EB-1 visas are available to those with extraordinary abilities in the arts, sciences, education, business, or athletics. To be eligible for an EB-1 visa, individuals must meet certain criteria, including demonstrating sustained national or international acclaim for their achievements and showing that their presence and activities will benefit the United States. The process of applying for an EB-1 visa can be complicated, and it is recommended to consult an immigration attorney to handle the legal and regulatory issues involved.

There are several other ways for international students to obtain permanent residency in the US. One common method is through marriage to a US citizen or lawful permanent resident. However, it is important to be mindful of the 90-day rule, which is used to determine whether an individual committed immigration fraud by entering the country with the intent to marry rather than to study. Another option is to obtain an employment-based visa, which requires an in-depth review of the individual's academic credentials, professional experience, and reputation within their field. Additionally, international students can also become permanent residents by investing in a US business and hiring US workers through an EB-5 investor visa. This option requires a substantial investment, typically between $500,000 and $1 million, and the creation of at least ten permanent jobs.

Marriage to a US citizen

International students on an F-1 visa are expected to return to their home country once they finish their studies. This means that an F-1 visa is not a direct path to a green card, and you cannot enter the US on the F-1 visa with the intention to gain lawful permanent residency. However, marriage to a US citizen or permanent resident can help international students become permanent residents.

If you are an international student in the US on an F-1 visa and you marry a US citizen or permanent resident, you will become eligible to obtain a green card. If your marriage is less than two years old when you receive your green card, it will be conditional. This means that after a specific period, you and your spouse will have to prove that your marriage is genuine to have the conditions removed from your green card. This is to help deter and detect immigration fraud.

The process of applying for permanent residence based on marriage is complicated. If you get married in the US, you must apply to the US Citizenship and Immigration Services (USCIS) to adjust your status to become a permanent resident. You will need to submit Form I-130 (Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa), which is submitted by your spouse, and Form I-485 (Application to Register Permanent Residence or Adjust Status), which is submitted by you. You will also need to submit supporting documentation, including the required fees, your marriage certificate, evidence of the termination of any previous marriages, and your and your spouse's birth certificates.

If you get married outside the US or leave the US after your marriage but before applying to the USCIS to adjust your status, you must apply for an immigrant visa at the nearest US consulate. If you re-enter the US using your non-immigrant F or J visa, you could be accused of making a fraudulent entry and may not be permitted access at the Port of Entry. While the USCIS is processing your application, you can apply for "advance parole," which gives you permission to travel. It typically takes two to three months to process your parole, after which you will be able to leave and re-enter the US without having to apply for a new visa.

It is important to note that if you entered the US on an F-1 visa, you should wait at least 90 days before getting married, or your green card application may be denied due to presumed immigration fraud. Additionally, if you marry a US citizen, it may be difficult to re-enter the US in a non-immigrant status, as the government will presume that you intend to become a permanent resident.

Employment-based visa

International students can become permanent residents in the US, but the process is not straightforward. The F1 student visa is a single-intent visa, meaning students must declare their intention to return to their home country after their studies. However, there are several options for international students to obtain a green card and become permanent residents. One of the most common ways is to marry a US citizen or lawful permanent resident. Another option is to change from an F1 visa to a dual-intent visa, which allows holders to apply for a green card.

There are several types of employment-based visas that international students can explore to become permanent residents in the US. These visas generally require an existing offer of employment from an employer with the proper US Department of Labor certification. Here are some of the key employment-based visas:

• EB-1 visa: This visa is for individuals with "extraordinary abilities" in fields such as business, academics, research, science, arts, or athletics. EB-1 visa holders must provide extensive documentation of their accomplishments and awards. This visa does not require labor certification, and family members can apply for admission to the US on E-14 or E-15 immigrant status.
• EB-2 visa: The EB-2 visa is for professionals holding advanced degrees or foreign equivalents or who can demonstrate at least ten years of experience in their field.
• EB-4 visa: The EB-4 visa is a specialized category that includes certain religious workers, employees of US foreign service posts, retired employees of international organizations, and noncitizen minors who are wards of courts in the US. Labor certification is waived for this type of visa.
• EB-5 visa: The EB-5 visa is an immigrant investor program that allows individuals to obtain a green card by investing in a US business and hiring US workers. To qualify, individuals must invest $800,000 to $1.8 million in a new commercial enterprise that employs at least ten full-time US workers.
• H1B visa: The H1B visa is a dual-intent visa that allows holders to apply for a green card. This visa is for skilled workers in specialized fields, and applicants must meet specific educational and skill requirements.

It is important to note that the process of obtaining an employment-based visa can be complex and may require legal assistance. Additionally, the requirements and availability of these visas may change, so it is essential to refer to official sources for the most up-to-date information.

Diversity visa lottery

International students are individuals who are not citizens or permanent residents of a given country and are in that country for temporary purposes only. However, in some countries, international students can apply for permanent residency. For example, in the United States, international students can apply for a Diversity Immigrant Visa, also known as a green card, to become permanent residents.

The Diversity Visa Program is a United States government-run lottery program that allows selected entrants to apply for permanent residency. The Kentucky Consular Center (KCC) assists selected entrants of the Diversity Visa program in preparing their case for processing at U.S. Embassies and Consulates. The Diversity Immigrant Visa is also known as the green card lottery.

The Diversity Immigrant Visa has a cutoff number for each geographic area. When the cutoff is met, visas are made available to applicants with rank numbers below the specified cutoff number for their geographic area. Applicants can file for an adjustment of status, providing lottery winners with the opportunity to file up to six or seven weeks before a visa number is allocated. The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to.

To be considered a permanent resident in the United States, individuals must provide a copy of their green card. This will change their status from international to domestic, and they will be charged tuition accordingly.

Frequently asked questions