If you are an international student with an F-1 visa, you may want to turn your F-1 visa into a green card to become a United States citizen. This is a very popular option for students who wish to live permanently in the U.S., and there are several different ways you can change from an F-1 visa to a green card. However, before you start this process, there are a few things you need to be prepared for to avoid running into issues. Here is everything you need to know about changing an F-1 visa to a green card and how an immigration attorney can help.
Change of Status From F-1 to Green Card
An F-1 visa is a great option that allows foreign nationals to study as full-time students in the United States before they begin their careers. Many students may later decide that they enjoy living in the U.S. and would like to continue to do so by using an adjustment of status from an F-1 to a green card.
There are several ways you can go about doing this, depending on your situation and the resources you have at hand. Here is a breakdown of some of the most common options you have that can help you achieve this.
Self-Petitioning
The adjustment of status from an F-1 to a permanent resident can feel overwhelming, especially if you don’t know which path to take. A more difficult option is self-petitioning, which means applying for an EB-1 visa. This would allow you to eventually gain lawful permanent residency in the United States.
Something to keep in mind about self-petitioning is that the requirements are incredibly strict, and you have to have extraordinary abilities. The guidelines for this include providing evidence of a significant one-time achievement, such as receiving the Pulitzer Prize, or providing proof of three less substantial achievements, such as:
- Receiving a nationally or internationally recognized award or prize for excellence.
- Publish material regarding your achievements in a major trade or media publication.
- Commercial success in the field of performing arts.
- Evidence of receiving a high salary in your field.
- Have your work displayed in showcases or exhibitions.
- Being a member of an association that requires outstanding achievement.
- Performing a critical or leading role in an organization.
- Authoring articles in professional or major publications.
- Judging other’s work in your field.
If this is something you are considering, you need to seek the assistance of an immigration attorney who can help you decide if you qualify for self-petitioning and if so, what evidence you need to provide.
Receiving Employer Sponsorship
A prevalent option for students who are changing from an F-1 visa to a green card is through employer sponsorship. This is an EB-2 visa that applies to people who have a national interest waiver, exceptional ability in the sciences, business, or arts, or have received a job offer that requires an advanced degree.
You will need to obtain labor certification, file an immigrant petition, and have your employer sponsor file the appropriate forms with the USCIS.
Adjusting Status
A less direct way of changing your F-1 visa to a green card is going through adjustment of status to get a dual intent visa. If you use this visa to participate in curriculum practice training or optional practice training, you could later on transition into getting a green card to become a permanent resident.
Family Sponsorship
Although not incredibly common, getting a family sponsorship is an option students can use if they have an F-1 visa already. If you have a family member who is a U.S. citizen or a lawful permanent resident, they can act as your sponsor to help you get a green card.
A family sponsorship is also an option you can use by marrying a U.S. citizen or a lawful permanent resident. Keep in mind that getting a green card through marriage comes with several strict guidelines that you have to adhere to, as the USCIS is very diligent about detecting immigration fraud.
Diversity Visa Lottery
Although not incredibly common, applying for the Diversity Visa lottery is also an option if you want to get your green card. To qualify for this, you have to be a citizen of a country that has a low immigration rate to the U.S. and have graduated from high school or have equivalent work experience. You also have to be able to prove that you are very unlikely to become financially dependent on the U.S. government.
If you win a diversity visa, you will be able to apply for an immigrant visa so that you can live and work in the United States and become a permanent resident.
Prepare to Change an F-1 Visa to a Green Card
If you want to change an F-1 visa to a green card, you need to carefully plan this process and make sure you have everything that you need. Although there are many different paths you can take, they all have their own requirements regarding your situation and the type of documentation you have to provide. For example, you may have to go through an adjustment of status or consular processing to get your green card.
There are also many challenges that you could face, including slow processing times, the fees associated with getting a green card, backlog, and the requirement of maintaining your legal status in the U.S. Here are some ways that you can better prepare before you start this process:
- Hire an immigration attorney.
- Collect important documentation ahead of time.
- Research processing times and costs.
- Start the process before your visa expires.
- Make sure you are eligible to apply for a green card.
- Locate alternative documents if you don’t have everything you need.
Hire an Immigration Attorney Today
Are you ready to begin the F-1 visa to green card process to become a U.S. permanent resident? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your case. We will deal with the government, so you don’t have to!
