If you have an F1 student visa and want to stay in the United States once you have completed your studies, you can convert the F1 visa into a green card. To increase your chances of getting a green card, you can read this complete guide on how to change your F1 student visa to a green card.
Can a US Citizen Help an F1 to Get a Green Card
Yes. A US citizen can help an F1 to get a green card. There are a few ways U.S. citizens can follow to help you change an F1 visa to a green card. Here you can choose the best way to get a green card.
Hire an F1 Visa Holder
U.S. citizens can help you convert an F1 visa to a green card through employment, offering employment opportunities to F1 visa holders through CPT (Course Practical Training) or OPT (Optical Practical Training). If a U.S. employer is willing to give you a job, you will receive an EB2 or EB3 employment-based green card. When applying for the EB2 visa, the F1 visa holder must have an advanced degree( at least a bachelor’s degree) and five years of work experience. However, if the employees are skilled workers or professionals, they can apply for the EB3 visa. U.S. employers must file Form I-140 and labor certification regardless of which visa is required.
Marry an F1 Visa Holder
A U.S. citizen or lawful permanent resident can marry an F1 visa holder to help them change f1 visa to green card through marriage. There is a 90-day rule that F1 visa holders must follow. You must wait at least 90 days before getting married to avoid immigration fraud. The F1 visa holder must complete Form I-485, while a U.S. citizen must file Form I-130. U.S. citizens must prove that the relationship is legitimate, provide financial support, and demonstrate the ability to support the F1 visa holder on Form I-864.
Family Sponsorship by a U.S. Citizen
A U.S. citizen or permanent resident may sponsor an unmarried F1 visa holder who is 21 years of age or older for a permanent resident card (Green Card). U.S. citizens must complete Form I-130 online or by mail. If the F1 visa holder is already in the U.S., you must complete the status adjustment process. Otherwise, the F1 visa holder must complete consular processing. No matter which route you are applying for, you must complete the payment of fees, prepare the necessary supporting documents, and prepare for the interview.
Alternative Ways to Get Green Cards for F1 Visa Holders
There are other ways to get a green card for F1 visa holders if they don’t need help from U.S. citizens. Here you can choose the most suitable way to obtain a green card.
Change F1 Visa to a Dual Intent Visa
One way to obtain a green card is to change your F1 visa to a dual intent visa. Therefore, you can obtain a nonimmigrant U.S. work visa that allows you to later apply for a green card. You can find an employer who will sponsor you for an employment-based green card.
Becoming An Investor in the US
You can become an investor in the United States and obtain an EB5 visa. Then you can apply for a green card. You must meet the requirements to become an EB5 investor, such as investing in the necessary business in the United States and hiring 10 qualified U.S. workers. In addition, you must meet the minimum investment amount of $800,000. Once you qualify, you can file an I-526 and I-485 to adjust your status to an EB5 visa.
Self-Petitioning As A Person Of Extraordinary Ability
If you hold a student visa with extraordinary abilities, you can obtain a green card by obtaining the EB1 visa. It requires that the applicant must be one of these categories, such as outstanding professors and researchers; having extraordinary abilities in arts, science or business: or an executive manager with 3 working experience at a foreign branch of a US company. When you self-identify as a person of extraordinary ability, you must have an approved I-526, submit the application for status with an I-485, and show evidence, such as recognized published papers or research in journals or the media.
Win U.S. Diversity Visa (Green Card) Lottery
You can change your F1 visa status through the Diversity Immigrant Visa Program (DV Program) administered by the U.S. Department of State (DOS). If you are a lottery winner residing within the United States, you must have been selected for a diversity visa by DOS’s lottery, fill out an adjustment application Form I-485, Application to Register Permanent Residence or Adjust Status, and provide supporting evidence for Form I-485.
Apply for Asylum in the USA
You can apply for asylum if you are persecuted or have a fear of persecution because of race, religion, nationality or social group when you return to your home country. After you have received asylum status and lived in the United States for one year, you can apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. You can also help family members seek asylum.
Benefits of Becoming a US Green Card Holder
When you have a U.S. green card, you will enjoy the following benefits. The benefits of becoming a U.S. Green Card holder are:
- You can apply for U.S. citizenship (naturalization) after 5 years. (or 3 years when you are married to a U.S. citizen.)
- You will be protected by the laws of the United States, your state of residence, and your local jurisdiction. So you are safe from deportation.
- You can sponsor family members to apply for a green card, such as parents, siblings, and children.
- You can live and work in any of the 50 U.S. states.
- You can easily travel internationally according to regulations and even travel without a visa.
- You can obtain federal benefits, such as world-class education programs, in-state or resident tuition rates, and Social Security benefits.
- You can obtain a driving license in the United States.
- You have the opportunity to buy a house in any state of the USA.
- You can start your own business in the United States.
Responsibilities of Becoming a US Green Card Holder
After you have obtained a U.S. Green Card, you must bear the following responsibilities:
- You must take the United States as your permanent residence.
- You must pay income taxes and prove all the income.
- You must obey US, state, and local laws.
- You must maintain your immigration status.
- You must register with the U.S. Armed Forces if you are a male between the ages of 18 and 25.
- You must always carry a valid Green Card as proof of lawful permanent residence.
- You must provide proof to USCIS within 10 days when you change your place of residence.
- You must renew your Green Card before it expires.
How to Maintain My Green Card Status
You must maintain your green card status if you wish to become a citizen of the United States. There are a few tips you can follow to maintain your green card status.
- You are not allowed to leave the United States or move to another country to live there permanently.
- You must file your federal, state, and local income tax returns to avoid abandoning your permanent residence.
- You must obey U.S., state, and local laws, as certain crimes in the U.S. may prevent you from naturalizing and becoming a citizen.
- You need to notify DHS every time you move.
- You must register with the Selective Service if you are a male aged 18 to 25.
FAQ
📌How long can you stay in the United States after an F1 visa expires?
Once your F1 visa expires, you are allowed to stay in the United States for an additional 60 days. Once the deadline is reached, you must leave the United States. Otherwise, you will be deported from the USA and face a fine.
📌What is the 90 day rule for an F1 visa?
The 90-day rule is for F1 visa holders to apply for lawful permanent resident status, which allows them to stay in the United States for 90 days without returning to their home country and applying for a visa again.
📌How many years does it take for international students to obtain a Green Card in the USA?
The timing of obtaining a green card will depend on the application path you choose, the eligibility that you meet, and other factors. If you are lucky, it usually takes 1-5 years for international students to obtain a green card in the United States. If not, it is likely to take more years to obtain a green card.
Conclusion
All in all, there are different ways for international students to hold an F1 visa to obtain a green card. When you become a permanent citizen, you must assume responsibility as a qualifying U.S. citizen. I hope you can find the best way to get a green card and live a dream life in the United States.
Dolores Xiao