Acquiring a Green Card, also known as permanent residency in the United States, is a significant goal for many international students studying in the country. The process, while challenging, is achievable with the right information and preparation. This article provides a detailed guide on how students can transition from a temporary student visa to permanent residency in the U.S.
Understanding the Green Card
A Green Card allows an individual to live and work permanently in the United States. It also provides a pathway to U.S. citizenship. However, obtaining a Green Card as a student involves understanding the different options available and the necessary steps involved.
Why Getting a Green Card is Beneficial
Having a Green Card provides numerous benefits, including:
Permanent Residency: The holder can live permanently in the U.S. without the need to renew a visa.
Work Authorization: A Green Card allows you to work for any employer in the U.S.
Pathway to Citizenship: After holding a Green Card for a certain period, you can apply for U.S. citizenship.
Travel Flexibility: You can travel in and out of the U.S. more freely compared to those on student visas.
Options for Students to Obtain a Green Card
There are several pathways through which international students can obtain a Green Card. These include employment-based options, family sponsorship, the Diversity Visa Lottery, and more.
1. Employment-Based Green Cards
Optional Practical Training (OPT)
After completing their studies, international students on F-1 visas may be eligible for OPT. This allows them to work in the U.S. for up to 12 months (or 24 months for STEM graduates). During this time, they can seek employment that could potentially lead to sponsorship for a Green Card.
Steps to Follow:
Apply for OPT: Before graduation, apply for OPT through your designated school official (DSO).
Seek Employment: Find a job related to your field of study. Employers might be willing to sponsor you for an H-1B visa.
Transition to H-1B: If you secure an H-1B visa, it can serve as a stepping stone to obtaining a Green Card.
H-1B Visa
The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. It is one of the most common pathways to obtaining a Green Card for students.
Process:
Job Offer: Secure a job offer from a U.S. employer willing to sponsor your H-1B visa.
Employer Petition: Your employer must file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
Labor Certification: The employer might need to obtain a Labor Condition Application (LCA) from the Department of Labor.
Adjustment of Status: Once you are on H-1B, your employer can sponsor you for an employment-based Green Card.
EB-1, EB-2, and EB-3 Green Cards
Employment-based Green Cards are divided into several categories, with EB-1, EB-2, and EB-3 being the most common for students transitioning from a student visa.
EB-1: For individuals with extraordinary abilities, outstanding professors and researchers, or multinational executives.
EB-2: For individuals with advanced degrees or exceptional abilities in their field.
EB-3: For skilled workers, professionals, or other workers.
Key Points:
PERM Labor Certification: For EB-2 and EB-3, employers typically need to obtain a PERM Labor Certification, proving that no qualified U.S. workers are available for the position.
National Interest Waiver (NIW): In some cases, EB-2 applicants can self-petition through the NIW if their work is of national interest.
2. Family Sponsorship
Marriage to a U.S. Citizen
One of the most straightforward paths to a Green Card is through marriage to a U.S. citizen.
Process:
Marriage: Marry a U.S. citizen.
File I-130 Petition: The U.S. citizen spouse must file Form I-130 (Petition for Alien Relative) with USCIS.
Adjustment of Status: After the I-130 is approved, file Form I-485 (Application to Register Permanent Residence or Adjust Status) to obtain your Green Card.
Key Considerations:
Conditional Green Card: If the marriage is less than two years old when the Green Card is issued, it will be a conditional Green Card, valid for two years.
Remove Conditions: To remove the conditions, file Form I-751 within 90 days before the Green Card expires.
Sponsorship by Family Members
Students may also be eligible for a Green Card if they have family members who are U.S. citizens or permanent residents.
Eligible Family Members Include:
Immediate Relatives: Spouses, parents, and unmarried children under 21 of U.S. citizens.
Other Relatives: Siblings of U.S. citizens, and spouses and unmarried children of permanent residents.
Process:
File I-130 Petition: The sponsoring family member files Form I-130 with USCIS.
Wait for Visa Availability: Depending on your relationship and country of origin, there may be a waiting period for a visa number to become available.
Adjustment of Status or Consular Processing: Once a visa is available, you can apply for Adjustment of Status if you are in the U.S. or go through consular processing if you are abroad.
3. Diversity Visa Lottery
The Diversity Visa (DV) Lottery is an annual program that grants 55,000 Green Cards to individuals from countries with low immigration rates to the U.S.
Eligibility Criteria:
Country of Birth: You must be born in an eligible country.
Education: A high school education or equivalent is required, or two years of work experience in an occupation requiring at least two years of training.
Application Process:
Submit Application: Apply online during the registration period, typically in October and November.
Selection: If selected, you will be invited to apply for a Green Card.
Interview: Attend an interview at a U.S. embassy or consulate.
4. Special Immigrant Categories
There are special categories under which students may qualify for a Green Card.
Special Immigrant Juvenile (SIJ) Status
Students under the age of 21 who have been abused, abandoned, or neglected by one or both parents may be eligible for SIJ status.
Process:
Court Order: Obtain a court order in the U.S. that places you under the care of a guardian or the state.
Petition for SIJ: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant).
Adjustment of Status: If granted SIJ status, apply for a Green Card using Form I-485.
Asylum or Refugee Status
Students who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group may seek asylum or refugee status.
Process:
Apply for Asylum: File Form I-589 (Application for Asylum and for Withholding of Removal) within one year of entering the U.S.
Grant of Asylum: If asylum is granted, apply for a Green Card after one year.
5. Transitioning from F-1 to Green Card
Maintaining Status
It is crucial to maintain your F-1 student status throughout the process of seeking a Green Card. This means complying with all visa regulations, such as maintaining full-time enrollment and not working without proper authorization.
Dual Intent
One challenge students face is the issue of dual intent. The F-1 visa does not allow dual intent, meaning you are expected to return to your home country after your studies. However, certain visas like H-1B permit dual intent, allowing you to apply for a Green Card while on the visa.
Strategic Steps:
Careful Planning: Work with an immigration attorney to carefully plan your transition to avoid jeopardizing your student status.
Seek Advice: Consult with your Designated School Official (DSO) and an immigration lawyer before making any decisions.
see also: How Does a J-1 Visa Work?
6. The Green Card Application Process
Filing the Petition
The first step in obtaining a Green Card is usually filing a petition with USCIS. This petition can be filed by an employer, family member, or by the applicant themselves in certain cases (e.g., NIW or asylum).
Adjustment of Status vs. Consular Processing
Once the petition is approved, you can either adjust your status if you are in the U.S. or go through consular processing if you are abroad.
Adjustment of Status: File Form I-485 to adjust your status to a Green Card holder.
Consular Processing: Attend an interview at a U.S. embassy or consulate in your home country.
Key Documents Needed:
Passport: Valid passport.
Form I-94: Arrival/Departure record.
Financial Documents: Proof of financial support.
Medical Examination: Complete a medical exam by a USCIS-approved doctor.
Supporting Documents: Academic transcripts, employment records, etc.
Biometrics Appointment
After submitting your application, you will be scheduled for a biometrics appointment where your fingerprints, photograph, and signature will be taken.
Green Card Interview
In many cases, a Green Card interview will be required. Prepare thoroughly by bringing all necessary documentation and understanding the potential questions.
7. After Receiving Your Green Card
Responsibilities as a Green Card Holder
Once you receive your Green Card, you must fulfill certain responsibilities, including:
Filing Taxes: Report your income to the IRS and pay taxes.
Maintaining Residency: Reside in the U.S. for most of the year.
Renewal: Green Cards are generally valid for 10 years. You must renew it before it expires.
Pathway to Citizenship
After holding your Green Card for at least five years (or three years if married to a U.S. citizen), you may be eligible to apply for U.S. citizenship.
Steps to Citizenship:
File N-400: Submit Form N-400 (Application for Naturalization).
Civics Test and Interview: Pass the U.S. civics test and attend a citizenship interview.
Oath of Allegiance: Attend the naturalization ceremony and take the Oath of Allegiance.
Conclusion
Obtaining a Green Card as a student requires careful planning, understanding the different pathways, and following the necessary steps. Whether through employment, family sponsorship, or other means, students have various options to achieve permanent residency in the United States. Always consult with an immigration attorney to guide you through the process and ensure that you make informed decisions every step of the way.