Savanna Hoffman
International students can become permanent residents in a country, often referred to as obtaining a green card, through various pathways. Permanent residency is an immigration status that allows an individual to live and work in a country permanently. In the United States, for example, there are several ways for a foreign national to become a Legal Permanent Resident (LPR), including through employment, family, ability, and the visa lottery. Obtaining permanent residency through employment requires an in-depth review and analysis of the position being offered, the individual's immigration history, academic credentials, professional experience, standing in the academic community, and reputation within their field of expertise. Another option is family-based immigration, where a US citizen or permanent resident family member sponsors the individual. Additionally, the Diversity Visa Lottery program offers a chance for individuals from countries with low rates of immigration to the US to obtain permanent residency. It is important to note that the process of obtaining permanent residency can be complex and may vary depending on the country and the individual's circumstances.
| Characteristics | Values |
|---|---|
| Immigration status | Permanent residency is an immigration status conferred by the government agency U.S. Citizenship and Immigration Services (USCIS) |
| Who can obtain it? | International citizens |
| Benefits | Live and work in the U.S. permanently, enroll in U.S. colleges and universities without needing a student visa, access to scholarships and grants, apply for a wider range of internships and government jobs |
| Requirements | Submit Form I-485, meet legal and residency requirements, avoid prolonged absences from the U.S., pay U.S. taxes on worldwide income |
| Types of residency | Residency through employment, family, ability, or the visa lottery |
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What You'll Learn
Employment-based immigration
Permanent residency is an immigration status that allows an international citizen to live and work in a country indefinitely. In the United States, permanent residency is conferred by the government agency U.S. Citizenship and Immigration Services (USCIS).
There are several ways for international students to become legal permanent residents (LPRs) of the US, including through employment. Employment-based immigration visas are divided into five preference categories, with certain spouses and children able to accompany or join the immigrant. Here are the five categories:
- Employment First Preference (EB-1): This category is for aliens of extraordinary ability in the sciences, arts, education, business, or athletics, as well as outstanding professors and researchers with at least three years of experience, and certain multinational executives or managers. Applicants in this category must demonstrate sustained national or international acclaim and recognition in their fields. They must provide extensive documentation, such as evidence of major internationally-recognized awards, membership in exclusive associations, or authorship of scholarly books or articles.
- Employment Second Preference (E2): This category is for professionals holding advanced degrees and persons of exceptional ability.
- Employment Third Preference (E3): This category is for skilled workers, professionals, and unskilled workers (other workers).
- Employment Fourth Preference (E4): This category is for certain special immigrants, such as special immigrant juveniles, certain surviving spouses of deceased international organization employees, and persons recruited outside the US who have served or are enlisted to serve in the US Armed Forces.
- Employment Fifth Preference (E5): This category is for immigrant investors who make capital investments in new commercial enterprises in the US, resulting in job creation.
It is important to note that the specific requirements and procedures for employment-based immigration may vary depending on the country and its immigration policies. Additionally, while maintaining student status is not required once an individual files for permanent residency, it may be beneficial to maintain legal student status as a backup plan in case the application is denied.
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Family-based immigration
To sponsor a family member to become a permanent resident, the sponsor and the visa applicant must complete the necessary steps. The process is different depending on whether the family member is already in the US or abroad. If the family member is in the US, the sponsor must learn about Adjustment of Status. If the family member is outside the US, the sponsor must learn the steps for Consular Processing. Submitting Form I-130 is the first step of the immigration visa process.
If the family member is already in the US, they may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. An immigrant visa must be immediately available to them when they file Form I-485, and they must meet certain other requirements. They must also file Form I-130, Petition for Alien Relative. The relationship to the family member who filed Form I-130 must still exist when a decision is made on their application.
If the family member is outside the US, they must meet certain requirements to be eligible for a Green Card as a family preference immigrant. They must properly file Form I-485, Application to Register Permanent Residence or Adjust Status; they must have been inspected and admitted or inspected and paroled into the United States; and they must be physically present in the United States at the time they file Form I-485.
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Diversity Visa Lottery
International students can become permanent residents of a country through various means, one of which is the Diversity Visa Lottery.
The Diversity Immigrant Visa program, also known as the Green Card Lottery, is a United States government program that allows individuals from countries with low numbers of immigrants to obtain an immigrant visa and a permanent resident card. The program was established by the Immigration Act of 1990 and is administered by the Department of State under the Immigration and Nationality Act (INA).
The Diversity Visa Lottery aims to diversify the immigrant population in the United States by selecting applicants from eligible countries with low numbers of immigrants in the previous five years. The State Department provides a list of eligible countries, and applicants must meet specific requirements, including having a high school degree or equivalent work experience.
There is no fee to enter the Diversity Visa Lottery. However, if selected, individuals must pay the mandatory green card application fees. Winners of the lottery are typically notified seven months after submitting their entry, and the process can take up to 14 months to complete, including attending an interview.
It is important to note that the Diversity Visa Lottery has faced criticism and attempts to eliminate it due to concerns about fraud, security threats, and the random nature of the selection process. Despite these criticisms, the program continues to offer an opportunity for individuals to obtain permanent residency in the United States.
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Temporary visas
International students on temporary visas typically hold non-immigrant visas, which are issued to foreign nationals intending to stay in a country for a temporary period. There are over 50 types of non-immigrant US visas, each serving a specific purpose, such as temporary employment, tourism, or transit. Common non-immigrant visas include F-1, J-1, H-1B, O-1, and TN visas. F-1 visas are specifically for international students and come with certain restrictions, such as not being allowed to work off-campus.
While on a temporary visa, an individual can take steps to become a permanent resident, also known as a green card holder. Permanent residency allows an individual to live, study, and work in a country indefinitely, without the limitations of temporary visas. In the US, permanent residency is granted by the government agency U.S. Citizenship and Immigration Services (USCIS).
There are several pathways to obtaining permanent residency in the US. One option is through employment-based immigrant visas, such as the H1-B work visa through the EB-2 or EB-3 visa categories, sponsored by a US employer. Another option is family-based immigration, where a US citizen or permanent resident family member sponsors the individual. Additionally, the Diversity Visa Lottery program offers a chance for individuals from countries with low rates of immigration to the US to obtain permanent residency.
It is important to note that the process of obtaining permanent residency in the US can be complex and may vary depending on individual circumstances. For example, employment-based residency requires an in-depth review of the position offered, the individual's immigration history, academic credentials, professional experience, and standing in the academic and national community. Seeking guidance from a qualified immigration attorney is recommended.
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Permanent residency requirements
Permanent residency, also known as a "green card," is an immigration status conferred by the U.S. Citizenship and Immigration Services (USCIS). It allows an international citizen to live and work in the U.S. permanently. This "permanent" ability to remain in the U.S. distinguishes a Legal Permanent Resident (LPR) or "immigrant" from a temporary or "non-immigrant" visa holder.
There are several pathways to obtaining a green card and becoming a Legal Permanent Resident in the United States:
- Employment-based: This route involves obtaining an employment-based immigrant visa, such as the H1-B work visa through the EB-2 or EB-3 visa categories. This usually requires sponsorship by a U.S. employer and an in-depth review of the individual's immigration history, academic credentials, professional experience, and standing in their academic community and field of expertise.
- Family-based: Family-based immigration allows U.S. citizens or permanent resident family members to sponsor an individual. Marriage to a U.S. citizen can expedite the path to citizenship, allowing an individual to apply for citizenship after three years of residency through marriage.
- Visa Lottery: The Diversity Visa Lottery program offers individuals from countries with typically low rates of immigration to the U.S. a chance to obtain permanent residency. Each country is allocated an equal number of immigrant visas annually, and citizens of countries with low immigration rates are generally immediately eligible to apply for permanent residency.
It is important to note that the process of obtaining a green card is complex and may involve additional requirements and considerations. For example, maintaining permanent residency status may require avoiding prolonged absences from the U.S. and paying U.S. taxes on worldwide income. Additionally, permanent residents are not considered U.S. citizens and do not have the right to vote or hold certain government jobs.
To initiate the process of becoming a permanent resident, it is recommended to consult with a qualified immigration attorney or seek guidance from official government sources, such as the USCIS website.
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Frequently asked questions
A permanent resident is someone who has obtained a Green Card (Form I-551) and has been conferred the status of a Legal Permanent Resident (LPR). They are not considered citizens but have many rights associated with citizens, such as the ability to live, work, and study without the limitations of an international student.
There are several pathways for international students to become permanent residents. One common route is through employment-based immigrant visas, such as the H1-B work visa, which requires sponsorship by a US employer. Another option is family-based immigration, where a US citizen or permanent resident family member sponsors the individual. Additionally, the Diversity Visa Lottery program offers a chance for individuals from countries with low rates of immigration to the US to obtain permanent residency.
Permanent residents enjoy several benefits, including the ability to live and work in the country indefinitely without the restrictions of temporary visas. They may also access in-state tuition rates, scholarships, grants, and a wider range of internships and government job opportunities.
