F1 Student Apply For Green Card - International students who wish to live in the US should be familiar with immigration processes and requirements. Source: Mario Tama/Getty Images/AFP
Many international students studying in the US hope to one day become legal permanent residents (or green card holders) or US citizens. Although the process may seem complicated due to how US immigration is structured, it is not impossible.
F1 Student Apply For Green Card
Because the US student visa is considered a temporary non-immigrant visa, holders do not need to declare an intention to remain in the country after completing their studies. Since applying for a green card demonstrates conflicting "immigrant intent," how does a student apply for citizenship status? Here are some expert tips from lawyer Rajiv Khanna's column in The Economic Times.
Student On The F1 Visa Finds Usa Sponsorship And Green Card
Last week, @DHSgov Deputy Secretary John K. Tien joined us for his first naturalization ceremony in his new role. Helped welcome 25 #NewUSCitizens in a special #IndependenceDay naturalization ceremony at the Atlanta office. pic.twitter.com/rgNt6H81P7 — USCIS (@USCIS) July 6, 2021
Because the "immigrant intent" nature of the US student visa conflicts with applying for a green card, the timing of your application is important. Khanna advises having an active permanent resident application while on a student visa; it provides grounds for denial of re-entry into the country. So when should you put your plan into action?
Khanna said it is safe for student visa holders to travel in and out of the US if their application has reached the final stage: Adjustment of Status (AOS). According to US Citizenship and Immigration Services (USCIS), an AOS refers to the process you can use to apply for legal permanent residence or a Green Card once you are in the US.
Be sure to get your initial parole document before you travel. "The AOS can be submitted if the student's country of birth does not have a long waiting list of people who have previously applied for their green card," he explained. Advance Parole allows you to return to the US without applying for a visa.
F 1 International Student Tax Return Filing
Another process involves switching to a dual-purpose visa, such as an H1B, L-1, or O-1 visa. Unlike the F-1 visa, the other two visas are permitted to hold a green card. The H1B allows international graduates to work in the US, while the L-1 visa is for foreign nationals who have worked for a foreign subsidiary of a US sponsoring organization.
F-1 visa holders working under the Optional Practical Training (OPT) or Curriculum Practical Training (CPT) programs may transfer to an H1B visa with employer endorsement. High skilled immigrants with this visa work in specific occupations in the US. A large percentage of them come from India to work in Silicon Valley.
New US citizen Selamawit Berhane, originally from Ethiopia, takes a selfie after a special naturalization ceremony on World Refugee Day on June 17, 2021 in Los Angeles, California. Source: Mario Tama/Getty Images/AFP
Another option for highly skilled and recognized individuals is to apply for a Green Card or EB-1 Visa for Persons with Exceptional Skills. Note that this is a suitable path only for the brightest foreign nationals, such as award-winning researchers and commercially successful artists.
Dual Intent Visa For Adjustment Of Status
To apply for a green card, you must first file Form I-140 with USCIS. It can take several years to become a permanent resident of the US, so early planning can benefit international students. "Additionally, if and when an H1B is obtained, the pending green card application provides the benefit of extending the H1B status beyond the usual six years," Khanna wrote.
Before applying for a green card, reach out to your graduate network and talk to someone who has done it successfully. You can also contact a visa agent or designated school official to discuss work and residence options.
Famous Stories These female billionaires didn't just inherit their wealth, they grew it with 4 UK universities producing open IT experts Charcuterie? Eichhörnchen? 10 Hard Words to Say and their Fascinating Meaning 5 Best African Countries for International Students Looking for Adventure and Affordability The F1 student visa is a single-purpose visa, meaning you promise to enter the US to study and then return to your home country country. study This means that the F1 visa is not a direct path to a green card, and you cannot enter the US on an F1 visa with the intention of obtaining legal permanent residence. However, there are several paths you can follow after the F1 visa that will get you a green card. Five of these options are discussed in detail below.
As mentioned above, the F1 visa is not a dual-purpose visa. So if you want to eventually get your green card, one of the options to do this is to switch from an F1 visa to a dual purpose visa, which will be a work visa that will allow you to apply later. green card (including H1B visa). Then, once you're on a dual-intent visa, you can find an employer to sponsor you for an employment-based green card (discussed below).
L 1b Visa To Green Card
Another option for obtaining a green card is for people who know and love a US citizen or legal permanent resident if you are in the United States on an F1 visa. Then your spouse can apply for your green card. However, you should note that there is a 90-day rule that must be followed with an F1 visa. If you enter F1, you have to wait at least 90 days before you can get married, or there will be a presumption of immigration fraud (that you entered with the intention of getting married, rather than studying) and it will be a green card. deny it After you clear the 90-day mark, you still have to prove to the government that the relationship is legitimate, but there is no presumption of immigration fraud. The application process for this case involves filing Forms I-130 and I-485.
Many students seek employment through CPT (Curriculum Practical Training) or OPT (Optical Practical Training) while studying in the United States. If you can find an employer willing to sponsor a green card, it can be done through an EB2 or EB3 employment-based green card. EB2 visas are for people who have accepted an offer for work that requires an advanced degree and have such a degree or at least a bachelor's degree and five years of progressive work experience, with exceptional ability in science, business, or the arts. or people who turn their backs on the national interest for office. This process involves the employer filing a Form I-140 and obtaining labor certification approved by the Department of Labor. On the other hand, the EB3 visa is reserved for skilled workers, professionals and certain other workers. Also, sponsoring employers must submit Form I-140 and labor certification.
The EB5 visa is an investment visa that allows you to get a green card based on investing in a US business and hiring US workers. As a result, if you qualify, you can change your status from F1 to EB5, and then adjust your status to become a green card holder. To become an EB5 investor, you must 1) make the required investment in a US commercial enterprise and 2) plan to create or maintain 10 full-time jobs for skilled US workers. One of the most common questions about EB5 is how much money is needed to meet the required investment amount. As of January 5, 2022, the required minimum investment amount is $500,000. After you change from student visa to EB5 visa status to become a green card holder, you file an I-140 and I-485 to adjust your status. .
Another option to get a green card after a student visa is the EB1 visa for people with special skills. Because F1 visa holders pursue education in the US, they generally tend to fall into one of the categories of people eligible for EB1. These categories are (1) talented teachers and researchers, (2) individuals of exceptional ability in the arts, sciences, business, athletics, or education, and (3) executive directors who previously worked in a foreign branch of a US company. 3 years The EB1 visa is unique in that the applicant can either apply for it themselves or find work in their field with an employer willing to sponsor them. Evidence that you meet the requirements for an EB1 includes, but is not limited to, published work or research in your field that has been recognized in journals or the media. To get a green card based on an EB1, you must have an approved I-526 and file for adjustment of status on an I-485.
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My name is Michael Ashoori and I am a US immigration attorney and the founder of Ashoori.
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