USA Green Card Through Student Visa: A Comprehensive Guide

International students who come to the United States on an F-1 visa may wonder whether they can obtain a Green Card after completing their studies. While it is true that F-1 visas are only valid for the duration of a student’s educational program, there are certain ways in which international students can transition to a Green Card status.

In this article, we will provide an in-depth guide on how to get a Green Card through an F-1 visa, including the requirements and steps to take.

Can F-1 Students Apply for a Green Card?

During the F-1 visa interview, US embassy officials focus a lot on the requirement to go back to their home country. They want to see proof that the student will not try to stay illegally or in any other way. To obtain an F-1 visa, students must prove that they intend to return to their home country after completing their degree. This requirement, however, does not make it completely impossible to obtain a Green Card.

While the US has made the process of obtaining a Green Card for F-1 visa holders quite challenging, there are still ways for international students to obtain a Green Card. In the next section, we will discuss the different ways in which an F-1 visa holder can get a Green Card.

How to Get a Green Card in the USA for Students?

1. Self-Petition as a Person with Extraordinary Abilities

The US government has created a specific type of visa, called the Persons with Extraordinary Abilities Green Card or EB-1 visa, for individuals who have achieved exceptional accomplishments in their respective fields. This visa is for groups of people such as outstanding professors and researchers, people with extraordinary abilities in arts, science, business, athletics, or education, and executive managers who have worked at a foreign branch of a US company for the past 3 years.

While the requirements for the EB-1 visa are extensive, F-1 visa holders who have achieved a lot may be able to meet them. To apply for the EB-1 visa, the F-1 international student has two choices: find a job in their field of specialty or self-petition. If you find a job, then the employer must sponsor you by paying for the petition. Also, they must make sure they follow labor and visa laws.

If you self-petition, you must go through the whole procedure yourself. This includes doing the application and paying the high fees. Even after you do this, there is no guarantee you will get an approval.

2. Adjust Status to a Dual Intent Visa

Because a very small number of people can get a Green Card directly through the EB-1 visa, there are other ways. An indirect way is to adjust status from an F-1 visa to a dual intent visa.

A dual intent visa is a nonimmigrant work visa that allows you to apply for a Green Card. The adjustment can happen after a certain period of time has passed. Dual intent visas are some of the H nonimmigrant visas such as the H-1B visa. After completing their degree, F-1 students can continue working in the US for about 12 months. They can work through two different programs.

The Curriculum Practical Training (CPT)

The F-1 student can get employment from the educational institution that they attend. They can complete practical training like working as a Teaching or Research Assistant. Students can start their CPT after 9 months that they enroll in the educational institution. The CPT can continue for 12 months. This could convince the institution to sponsor the student. The student can stay as Associate Professor if he or she fulfills the criteria.

3. Marry a U.S citizen or Green Card holder

Another way to obtain a Green Card is through marriage to a U.S citizen or Green Card holder. However, this option must be pursued genuinely and not just for the purpose of obtaining a Green Card. Immigration officials are wary of sham marriages and will investigate to ensure the marriage is legitimate.

If the marriage is found to be genuine, the foreign national may be eligible for a spousal Green Card, which will allow them to live and work in the U.S. This option may take longer, as the immigration process for a spousal Green Card can take several months to a few years.

4. Apply for the Diversity Visa Lottery

The Diversity Visa Lottery, also known as the Green Card Lottery, is a program that awards 55,000 Green Cards annually to individuals from countries with low rates of immigration to the United States. The application process for the Diversity Visa Lottery is free, but the chances of winning are low due to the high number of applicants.

To be eligible for the Diversity Visa Lottery, the applicant must be from an eligible country and meet certain education or work experience requirements. The application period is typically open for a month between October and November of each year.

In conclusion, obtaining a Green Card as an F-1 visa international student is possible, but it requires careful planning and meeting specific requirements. Options include self-petitioning as a person with extraordinary abilities, adjusting status to a dual intent visa, marrying a U.S citizen or Green Card holder, or applying for the Diversity Visa Lottery.

It’s important to note that the immigration process can be complicated and time-consuming, and it’s recommended to seek the advice of an experienced immigration attorney before pursuing any of these options. Additionally, it’s crucial to comply with all visa and immigration laws to avoid any legal consequences or jeopardizing future immigration opportunities.

If you’re an F-1 visa international student interested in obtaining a Green Card, it’s essential to plan ahead and explore your options early on. With the right guidance and preparation, you may be able to achieve your goal of becoming a permanent resident of the United States.