F1 To Green Card: An Immigration Lawyer’s Advice

F1 to Green Card: How International Students Can Stay in the U.S. Permanently

If you  came to the U.S. to study, then you are probably here on an F1 visa.  And chances  are that you like the U.S. then you’ll want to know how to live here permanently.  Living in the U.S. permanently requires a green card, or lawful permanent resident status.   There are many ways that international students can go from F1 to green card, and we’ll cover most of them below.

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Overview of the F1 to Green Card Process

An international student here on an F1 visa should first learn the basics of the green card process.  Note: the process for getting a green card when you’re already in the U.S. is very different from getting a green card from outside the United States.

The Agency

Because the government has so many immigration agencies, we’ll first review which one handles the green card process.  An F1 student already in the U.S. will ultimately send the green card application to an agency known as the United States Citizenship and Immigration Service, or “USCIS.”

In the process for becoming a resident, USCIS ultimately requires you to file a Form I-485 (This is the Application to Register Permanent Residence or Adjust Status). 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.

The Forms

But the green card process involves more than just filing a Form I-485. Usually the Form I-485 must be accompanied by a petition. The petition, usually a Form I-130 or Form I-140, is sent before or with the Form I-485.

The petition is the key to the green card process. It tells USCIS how you qualify to file a Form I-485. For example, if a person with a F1 Visa marries a U.S. citizen then the citizen files a petition using a Form I-130. The Form I-130 tells USCIS that your spouse wants you to live in the U.S. with a green card.  So to review:

  • You file for a green card in the U.S. with the immigration agency known as USCIS.
  • The F1 to green card process is known as Adjustment of Status or “AOS” for short.
  • An AOS application is filed with USCIS using a Form I-485.
  • But the Form I-485 cannot be filed without a petition, Form I-130 or Form I-140. So how you qualify for a petition is the key to go from F1 to green card.

Below, we’ll review the two common petitions that allow an international student to go from a F1 to green card.

The Two Most Common Ways to Go From F1 To Green Card

Number One: F1 to Green Card Through Marriage

f1 to green card through marriage

Probably the most common way to go from F1 to green card is through marriage. If you marry a U.S. citizen or lawful permanent resident, then your spouse can file a petition, Form I-130. The Form I-130 allows you to file the Form I-485 with USCIS. You have to file both forms to go from F1 to green card directly.

But be careful.

It depends who you marry

  • Marriage to a Lawful Permanent Resident (Someone with a green card):  If you marry a Lawful Permanent Resident then the path from F1 to green card is longer. The law says that there are a limited number of green cards per year for spouses of Lawful Permanent Residents. Most of the time, all of the green cards for spouses of Lawful Permanent are used, so you have to wait to file your Form I-485. How long you wait depends on something called the visa bulletin. (We will explain the visa bulletin in a later post.  For now think of it as a counter telling people how many green cards are available for spouse of green card holders)
  • Marriage to a U.S. Citizen:  On the other hand, if you marry a U.S. citizen then there is no wait to go from F1 to green card through marriage. There is an unlimited number of green cards available for spouses of U.S. citizens (you do not need to check the visa bulletin). Thus, you can file with USCIS the Form I-130 with the Form I-485 at the same time.. This is called a “one-step AOS.” It is called a “one-step” because both the form I-130 and form I-485 are filed together. But know that these aren’t the only two forms that are used in the process. For that reason, it’s probably a good idea to consult an experienced immigration attorney before you file anything.

The F1 to Green Card Timeline

Finally, it’s worth mentioning the F1 to green card timeline when you file through a spouse.

  • Timeline if you’re married to a Lawful Permanent Resident: As stated, getting a green card through a Lawful Permanent Resident spouse is longer and can take up to three to four years.  ( Remember the  visa bulletin?). This is because sometimes the Form I-130 and the Form I-485 are filed separately. If filed these forms separately, you have to wait for the Form I-130 to be approved and for USCIS to notify you when to file the Form I-485 (Again, remember the visa bulletin?). This means that F1 to green card timeline requires waiting for the time to process each form individually.
  • Timeline if you’re married to a U.S. Citizen: For F1 to green card through marriage to a U.S. Citizen, the timeline is typically shorter. This is because you will file the Form 1-130 and the Form I-485 together. Here, the F1 to green card process is about one to two years depending on where you live. It takes this long because the local USCIS office will likely interview you and your spouse. The time it takes to schedule an interview is longer in bigger cities like New York or Los Angeles.

Number Two: F1 to Green Card Through Employment

f1 to green card through employment

The next most common way an international student can become a resident is through an employer, or through a job you’re hired for. This is often referred to as “Employment-Based” immigration or “EB” for short. This section will cover the two most common categories of EB cases, EB2 and EB3.

Before reviewing the specifics of EB2 and EB3, it’s important to review the F1 to green card Process generally. As mentioned, to file a Form I-485 with USCIS, usually you need to also file a petition. So, for example, F1 to green card through marriage requires a petition on Form I-130. EB cases are similar. But instead of the Form I-130, you’ll use a Form I-140. But be careful — the F1 to green card process through work is more complicated than F1 to green card through marriage.

Getting a green card through work can be complicated

It’s more complicated because there are a few extra steps before your company can file an I-140 petition for you. The employer must show that there are no U.S. workers that the company could hire besides you. 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.

In order to do this, the company has to advertise to the public the job it offers you. This is where the categories of EB2 and EB3 come in. Depending on the job, your category will either be EB2 or EB3.

For EB2, the job you are offered must require a Master’s Degree or a Bachelor’s Degree plus 5 years experience. For EB3, the job has to require at least a Bachelor’s Degree.

Timeline of getting a green card through work

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. But be careful: whether a job is in category EB2 or EB3 is determined by the government. Figuring out whether the job offered is EB2 or EB3 is complex and greatly affects the F1 to green card process. For that reason, it’s highly recommended that you use an experienced immigration attorney before your company starts to advertise the job it offered you.

Assuming that no qualified U.S. worker applies during the advertising process, then you can proceed with the Form I-140. So in this way, the process of going from international student to permanent resident through a job is similar to the one through marriage. Both F1 to green card processes essentially involve a petition (Form I-130 or I-140) filed before or with Form I-485. The F1 to green card timeline for an employment case varies. This timeline depends on whether you file in EB2 or EB3 and how many other people are filing in this category.

Potential Problems in the F1 to Green Card Process

Below, we’ll review the two most common issues that can cause USCIS to deny your green card case.

Immigration violations can affect the F1 to Green Card Process

Immigration violations can affect the F1 to green card Process. The Form I-485 asks about 80 questions about your immigration history, and how you answer them can change the outcome of your case.

Without reviewing all 80 questions, it’s helpful to look at some common immigration violations that USCIS will look for. First, USCIS will look to see if you have ever lied to immigration to get an immigration benefit, like your F1 Visa. So, for example, USCIS wants to know if you lied on your DS-160 when you applied for a visa at a U.S. consulate. It also wants to know if you have worked in the U.S. without permission, or if you fell out of status. All of these can impact your ability to become a green card holder.

If you think you have committed an immigration violation, then it’s best to consult with an immigration attorney before filing.

Criminal history can affect your ability to go from F1 to green card

Criminal convictions can also greatly affect the process of becoming a permanent resident. Not all crimes are treated the same. The best practice is to consult an immigration attorney if you have ever been arrested. Some international students assume that if their case was dismissed in some form, that their criminal history will not come up. This is not true, however.

So if you have had any contact with law enforcement (police or court), then consult an immigration attorney before filing.

Conclusion

Tens of thousands of international students across the United States succeed in getting a green card.  Many have gotten their green cards through work, and many through marriage.  Whichever path you choose, make sure to hire a reputable immigration attorney to guide you through the process.

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