The student can stay as Associate Professor if he or she fulfills the criteria. But the green card process involves more than just filing a Form I-485. The employer must show that there are no U.S. workers that the company could hire besides you. Not all crimes are treated the same. But instead of the Form I-130, you’ll use a Form I-140. Many international students come to study in the United States every year through an F-1 nonimmigrant visa. The petition is the key to the green card process. Below are 7 ways you can transition from an F1 student visa holder to a permanent resident. If you have a green card, you have a responsibility to support the democratic form of governance in the US. When an international student successfully files a Form I-485, USCIS grants him or her “Adjustment of Status” or “AOS.” This is because the F1 student is “adjusting” their “status” from F1 to green card. She has expertise in immigration, criminal, personal injury and professional licensure laws and their complex intersection for noncitizens. F1 visa students can apply to receive up to 12 months of total OPT employment authorization. Here's how. This path to a Green Card will adjust your status to an IR-1 visa or a spouse visa. This is done by filling out forms, submitting copies of relevant documents on the marriage-based green card checklist, and attending a green card interview. Are there problems involved in gaining back citizenship in India since India allows for a single citizenship whereas USA allows dual. That provides at least 24 months (36 months if STEM) to work out the steps, sponsors and requirements. Thanks. To apply for the EB-1 visa, the F-1 international student has two choices: If you find a job, then the employer must sponsor you by paying for the petition. They saved my license and got my DUI dismissed due to a police mistake! This is a separate issue from being out of status. One of the actions that count as immigration abuse is when an alien files for a green card within 90 days of entering the United States on a temporary visa. You may choose to renew the green card every ten years or apply for citizenship after some years. Speak to a military recruiter on your campus about this possibility. But if you can afford it, it is one of the better ways to go from an F-1 visa to a Green Card. They must prove that they will go back to their home country after they complete their degree. Figuring out whether the job offered is EB2 or EB3 is complex and greatly affects the F1 to green card process. i posted a question here ,it went missing . After going through the green card process steps and obtaining a green card, you enjoy almost all the rights of a US citizen. They may work full time when school is not in session. Hopefully one of the above options is right for you. There are seven ways you can get a green card as an F1 student. You have the right to request a visa for them. In other words, before a company can start the F1 to green card process it has to show that you’re not taking a job away from a qualified U.S. worker. You have the right to protection under the law. You can carry and use it according to the laws of the state you live in. The consequences of unlawful presence are substantial. A dual intent visa is a nonimmigrant work visa which allows you to apply for a Green Card. Yes. For 2018 Congress mandated a regular cap of 65,000 H1-B visas and a further H1-B Master's Exemption cap of 20,000 visas available for Master's degree or higher applicants. USCIS only allows F-1 students to stay unemployed 90 days past their program end date before having to leave the US. Bank Account Verification Letter for Sponsoring US Visa. Both F1 to green card processes essentially involve a petition (Form I-130 or I-140) filed before or with Form I-485. If you  came to the U.S. to study, then you are probably here on an F1 visa. E-1 visa: For a Treaty Trading employee to carry on substantial international trade with their home qualifying treaty country. There are some exceptions where you may not accrue unlawful presence if: you have a pending application for adjustment or extension of status, you are a battered spouse or child and can show a connection between the overstay and the abuse, you are eligible for Temporary Protected Status or DACA Deferred Action, you are a human trafficking victim and can show a link between the trafficking and overstay, you are eligible for protection under Deferred Enforced Departure, UN Convention Against Torture, you are covered under the family unity program, you have a pending asylum application with USCIS. To change your F-1 visa to a marriage-based green card in this scenario, the following steps will be required: Your permanent resident spouse will start the process by filing I-130 with the relevant documentary evidence showing that your marriage is bona fide. But if you are successful during your OPT, you can get a chance at a dual intent visa. Depending on the job, your category will either be EB2 or EB3. So in this way, the process of going from international student to permanent resident through a job is similar to the one through marriage. I highly recommend your firm to my friends and colleagues for future immigration issues. My company is sponsoring for my work visa. Since most F-1 visa holders are getting a higher education degree in the U.S, they have a few loopholes for staying. Tens of thousands of international students across the United States succeed in getting a green card. Below, we discuss each of those ways! Recently I got admission for MS in Seattle,WA and I am planning to apply for change of status (COS) from H4 to F1. including Adjustment of Status, Green Card Renewal, and U.S. In addition to immigration legal services, we offer: The F1 visa grace period after graduation is 60 days after completion of your full course of study and any additional period of authorized optional practical training. F-1 students can learn more here about whether they can work and where. F1 visa rules prohibit off-campus employment at any time during their first academic year. Several thousand students come to USA every year and a handful of those students go through the long, hard process of getting U.S. International student to U.S. If you are already married or about to get married to a U.S. citizen or permanent resident as an F-1 visa holder and would like to obtain a marriage-based green card, this article gives a complete guide on how to achieve that and live permanently together with your spouse. The EB-5 visa is a Green Card for wealthy investors. Very few people can meet them and that is why going from an F-1 visa to an EB-1 visa is also difficult. For 2017 USCIS reached the quota on April 7th after receiving 236,000 applications in 5 days for the 85,000 available visas. Immigration violations can affect the F1 to green card Process. Your attention to details and making sure that every document was in proper order and form was instrumental in making sure every document submitted was accepted on the first presentation. Once an F-1 student is working in a post completion OPT, the STEM OPT extension allows students with certain science, technology, engineering, or math (STEM) degrees to apply for a 24 month F1 visa extension to their OPT authorization bringing the total maximum F-1 OPT visa status period to 36 months. This includes doing the application and paying the high fees. The green card lottery, or "Diversity Immigrant Visa Program" is a path from F1 to green card directly that makes up to 50,000 immigrant visas available annually, drawn by random selection among all entries to individuals who are from countries with low … They get a CR-1 visa which is valid for 2 years. If you continue to stay in the US out of status, you can begin to accrue "unlawful presence" which can make you inadmissible to the US and barred from reentering the country. Working with you was easy and very quick. If you are making the switch from an F1 status to a Green Card, you should look at health insurance plans for Green Card holders in the United States. Most importantly, you will need to avoid visa violations such as inviting family members when you are not authorized to, working on a tourist visa, etc. Immigrant work visas are for foreigners seeking legal permanent residence and possibly US citizenship. The United States immigration law gives two different means through which a foreign national with F-1 status can acquire a green card through marriage. Receive Employer Sponsorship. The employer can sponsor you to get an H-1B visa. For me it was really important that I could reach my attorney and could speak to you directly without waiting hours/days for a call back. It is generally considered an abuse of the F-1 visa to enter the United States with the apparent intention to get a permanent residency through marriage. You file for a green card in the U.S. with the immigration agency known as USCIS. USCIS does extensive background checks to ensure that the relationship is valid. Change your education level, for example from a bachelor degree to masters. Unlike those married to U.S. citizens, immigrant status isn’t readily available to spouses of green card holders. To maximize the odds of success, it is advisable for students to save their OPT time to work after graduation and figure out their preferred path at least 12 months before graduation. Find out here how to speed up your case with USCIS. I was immediately convinced she is the right Attorney I should stick with. Certain requirements must be met and a green card must be obtained. The spouse visa is only for foreign spouses of U.S citizens. Example trade items include: goods, services, international banking, insurance, transportation, tourism, technology and its transfer, and some news-gathering activities. Once the I-130 is received by the USCIS, you will be issued a priority date. One option is to apply for an extension of your F-1 visa or apply for another temporary visa that will allow you to remain in the U.S. legally. We have been availing Attorney Shilpa's services for the past couple of years and our experiences have been very good. You and your spouse must meet the requirements for a petitioner and beneficiary, respectively. They can apply for Green Card, but you NEED H1B to stay here till you get Green Card. Many “crimes of moral turpitude” are deportable offenses for international students, such as: Many international students don’t realize that even if marijuana possession is legal in the state they’re living in, it is still a crime under federal law that can get your F1 visa revoked. For more information, see the complete list of deportable crimes. How to Book a Flight Itinerary for Visa Application? The OPT is a program that allows international students to get some work experience in the U.S. Typically post completion OPT students apply 90 days before the last day of your final quarter. They saved me a lot of fines and my visa. You have the right to travel through the US as you please. Finally, it’s worth mentioning the F1 to green card timeline when you file through a spouse. The F1 to green card timeline is typically shorter through EB2 since the U.S. government prioritizes immigrants with jobs that require more education and experience. The team has been very professional and responsive over email and phone. You have the right to work at the business of your choosing. Maximum stay of 7 years with extensions for a manager or executive, 5 years for a specialized knowledge employee and 1 year if establishing a new US office. Thanks again. We will help you file your petition, guide you through the whole process, and help you acquire your green card. So despite what you will have to prove during your visa interview, there are ways to go from a student visa to a Green Card. In order to qualify for citizenship you will need to demonstrate good moral character, be able to speak, read, and write English, and pass a US civics test. If you filed an N-400, you will need to stay on top of the status of your citizenship application. The employer must petition for you to the U.S Citizenship and Immigration Services (USCIS) and get approval. This is a more indirect path which takes longer, but most international students choose this one since it is a bit easier than getting the EB-1 visa. If the I-130 is approved, you can then move to the next stage.

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