International students who live and go to school in the U.S. with an F-1 visa may have a change of plans and wish to remain in the United States after they finish school. The two main questions they ask are, first, If going from F1 to Green Card is allowed, and second, how to go from an F-1 visa to Green Card (permanent residence).
The F-1 visa is a single intent, non-immigrant visa. A big concern is that when applying for the F1 visa, the student declared that they did not intend to seek permanent residence and would return to their home country after their schooling is finished. Circumstances do change and it is important to understand what ways a student is able to change their status from F-1 visa to permanent residence. This guide will explain the types of green cards, who is eligible for a green card, green card through marriage, the process for applying, and how long it will take to change from F-1 to green card.
Can F1 Visa students apply for a U.S. green card?
Yes, F1 students can apply for a green card. At the time of applying for an F1 student visa, the student agreed they would return to their home country after schooling, but life events or circumstances change. They have a minor advantage and options for obtaining permanent residency because they are already lawfully residing in the United States. EB5 BRICS will help you navigate through the process.
In what ways can an F1 student get a U.S. Green Card?
There are 7 ways an F1 student can obtain a U.S. Green Card.
- US Investor Visa
A student submits an EB-5 visa application while still holding an F-1 visa. EB-5 visa is a US immigrant investor visa that leads to a Green Card. Up until the EB-5 visa is authorized, a student must keep the F-1 status and continue their studies to ensure they do not lose their status.
- Employer sponsorship
Students have their employer sponsor them if they get a job while studying. They request that their employer file an EB-2 visa or EB-3 visa employment-based green card application on their behalf.
- Marriage to US Citizen or permanent resident
Marrying a US citizen is one way a student receives a green card. The couple will have to verify their relationship is legal and not simply a ploy to get residency. Interviews, background checks, and scrutiny of papers provided to the US Citizenship and Immigration Services (USCIS) are all part of the process.
- Family sponsorship through parent or child
A parent, who is a legal U.S. citizen, sponsors his or her child under the age of 18 for a green card.
- Military service
In certain cases, with at least two years of university in a specialized field, a student is qualified for certain high demand military posts and thus able to join the U.S. military, allowing them to receive their green card.
- Get sponsored by a relative business owner
A business owner who is a relative sponsors a student for a green card. They, on the other hand, will have to show that the student was hired based on their qualifications, not because they are related. They must have a recruitment process in place for the role the student would be filling, and they must be able to demonstrate that they tried hard to hire a US candidate, but none was available or willing to do the job.
- A Petition for Asylum
A member of a persecuted minority or group applies for asylum if returning to their home country would endanger the student’s life, such as a civil war. These applications are reviewed on a case-by-case basis by USCIS.
Can a student on an F1 Visa get a Green Card through an EB-5 Investor Visa?
Yes, a student on an F1 visa can get a green card through the EB-5 investor visa. Students petition to switch their F-1 status to permanent residency under the EB-5 program as long as they entered the country legitimately, haven’t committed any crimes that would prevent them from doing so, and have maintained the validity of their visas.
The EB-5 investor visa EB-5 visa is a program through the USCIS that provides a way for Immigrant Investors to become lawful permanent residents (get Green card and US Citizenship) through investment in a USA Regional Center project or in a new business directly.
Can a student go from an F1 visa to a green card through marriage?
Yes, a student can go from F1 visa status to green card status through marriage. Transitioning from F1 visa status to green card status through marriage is done in two ways. Whether you are married to a US citizen or a green card holder determines the course you must take.
What employment-based visas can be used to go from an F1 visa to a green card?
Employment-based immigrant visas could be obtained to live permanently in the United States for noncitizens (and their wives and children) who want to come to the United States because of their job abilities. You will be able to live permanently in the United States if you have the necessary combination of skills, education, and/or work experience and are otherwise eligible.
The 3 immigrant visa preferences (categories) based on employment are as follows.
F1 Visa to EB-1 Visa
First Preference EB-1 is for Persons with exceptional skills in the sciences, arts, education, business, or athletics; great professors or researchers; and international leaders and managers are given priority.
F1 Visa to EB-2 Visa
Second Preference EB-2 is for professionals who have earned advanced degrees or who have demonstrated remarkable talent in the arts, sciences, or business. A labor certification is required unless the applicant has a national interest waiver.
F1 Visa to EB-3 Visa
Third Preference EB-3 is for professionals, skilled workers, and other workers. A labor certification is required to get a Green Card.
What is the process for an F1 to Green Card through Marriage?
Here is the process to transition from F1 to a Green Card through marriage.
- Married to a US citizen
Spouses who live in the United States and are married to U.S. citizens must undergo the same procedure. You and your spouse must first complete the following forms, which should be done at the same time.
Form I-130 Petition for Alien Relative is a family sponsorship form that must be filled out and signed by your U.S. citizen spouse.
Form I-485 Application to Register Permanent Residence or Adjust Status is the green card application that must be filled out and signed by you, the F-1 student.
You should be able to receive your green card within 10 to 13 months from the time USCIS receives your application package if you married your U.S.-citizen spouse “in good faith”—that is, you did not marry solely for the purpose of obtaining a green card, which you’ll need to prove to the US government.
- Married to someone who has a green card
Form I-130 Petition for Alien Relative must be filed by your green card-holding spouse as the initial step in this procedure. You must wait for a visa number after your Form I-130 has been granted. You will be able to apply for a marriage-based green card once your visa number is ready.
- A visa number becomes available before your F1 Visa expires, then you will be able to stay in the United States and apply for a green card using Form I-485 Application to Register Permanent Residence or Adjust Status. Your physical green card will come 29 to 38 months after USCIS receives your Form I-130 if your marriage-based green card application is granted.
- A visa number becomes available after your F1 Visa expires, then you must leave the United States and apply for a green card using the online green card application or Form DS-260 Immigrant Visa Electronic Application. When your marriage-based green card application is granted, expect to obtain your actual green card between 27 and 46 months after USCIS receives your Form I-130. You must follow this route unless you extend your F1 Visa or obtain a different sort of temporary visa (such as a B-2 visitor visa) to stay legally in the United States, in which case you must follow the procedure for spouses married to green card holders who live in the United States.
What is the 90-day rule regarding green cards through marriage?
The 90-day rule for Green Card through Marriage has a significant impact on the outcome.
When evaluating this type of application, immigration officers employ a unique guideline known as the “90-day rule.” Following this rule, they examine whether a spouse seeking a green card was genuine about their original goal of coming to the United States when evaluating this type of application.
For the first 90 days after their admission, the 90-day rule is in place to check for any violations of their nonimmigrant status. Any behavior that is incompatible with the temporary status provided is considered a violation.
For example, imagine someone comes to the United States on a tourist visa but marries within 90 days. When he/she applies for adjustment of status to become a lawful permanent resident, the USCIS will investigate whether the change in status was fraudulent or not.
How long does it take to change status from F1 to a Green card through marriage?
Depending on whether you are married to a U.S. citizen or a green card holder and where you currently live, the overall wait time for a marriage-based green card now range from 9 to 36 months (not including possible delays).
Can a student go from an F1 visa to a green card as a family preference immigrant?
Yes, a student can go from an F1 visa to a green card as a family preference immigrant. The Green Card for Family Preference Immigrants allows certain non-citizens who are family members of US citizens and lawful permanent residents to become lawful permanent residents (obtain a Green Card). The spouse, minor child, or parent of a U.S. citizen applies for a Green Card for Immediate Relatives of a U.S. Citizen.
Who is eligible for a family preference green card?
The following people are eligible for a family preference green card.
- First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens
- Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents
- Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents
- Third preference (F3) – married sons and daughters of U.S. citizens
- Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older).
What is the application process for F1 visa to Green Card family preference?
The application process from F1 visa to Green Card family preference begins with filing Form I-485 Application to Register Permanent Residence or Adjust Status. The student is able to apply for a Green Card without leaving the country if they are currently in the United States and a family preference immigrant visa is immediately available. Concurrently, if a visa is immediately available, your family sponsor will file Form I-130, Petition for Alien Relative on your behalf.
Form I-485 should be filed if a visa is immediately available if Form I-130 is pending or after your Form I-130, as long as it has not been terminated or revoked.
What circumstances could you be barred from adjusting your status from F1 to green card?
The circumstances that could cause someone to be barred from adjusting status from F1 to green card exclude individuals who have committed a certain act or infraction. The F-1 student will be ineligible to file Form I-485, Application to Adjust Status, if one or more bars to adjustment apply. Many applicants receive a Form I-485 denial because of bars they were unaware of.
The following are some of the most common statutory impediments to adjustment that lead to I-485 denials.
- Unlawful status
- Failure to maintain the status
- Unauthorized employment
An F-1 visa student could be prevented from adjusting status depending on how they entered the United States or if they committed a specific act or violation of immigration law. They are ineligible to seek an adjustment of status if one or more of the obstacles to adjustment mentioned in section 245(c) of the Immigration and Nationality Act (INA) applies. Unless they qualify for an exception, these applicants will receive a Form I-485 denial.
How long does it take to go from an F1 visa to a Green Card?
The length of time it takes to go from an F1 student visa to a green card is determined by a number of factors, including the type of family relationship that qualifies you for a green card, whether your relative has U.S. citizenship or legal permanent residence, where you are from, where you are applying for a green card, and whether US Citizenship and Immigration Services (USCIS) needs to request additional evidence while deciding your case. Other options for obtaining a green card exist, such as through employment or as a refugee, but the process and timetable for obtaining a green card in such situations are vastly different.
For example, if an F1 student marries a U.S. citizen while they are present in the country, the timeline is shorter because they can concurrently file Form I-485 and Form I-130, which will take 11 to 15 months.
You will need to wait until a green card becomes available if your spouse has permanent resident status after they submit Form I-130. When your priority date is announced in the State Department’s visa bulletin, you will be informed. After that, you can submit an application for a green card either domestically or at a consulate abroad. A green card often becomes available in two years, and the entire procedure can take three years.
What to know about F1 Visa besides Green Card?
F-1 Visa is a non-immigrant visa for foreign persons to go to the USA and study at a college. Our F1 Visa Guide will help you learn more about the F1 Visa.
What to know about Green Card besides F1 Visa?
Green Card is a Permanent Redicency of the United States. Our Green Card Guide will help you learn more about Green Card.