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How can I achieve permanent resident status with an F-1 visa?

Can a person with F-1 status file for an I-485? Or is there any way to get a green card with my F-1 visa?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can be hired by a U.S. company (the Labor Certification/PERM process) or make an investment via EB-5, or even marry a U.S. citizen, but an F-1 and nothing more will not allow for adjustment of status.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may not get a green card directly from an F-1 status. You may, however, get OPT with your F-1. If you graduate and get an offer of employment where an employer is willing to sponsor you, it is possible to do H-1B visa or L-1B visa, depending on your qualifications. There are various options that can lead to a green card, for example through employment-based immigration, family-based immigration, asylum, etc. If your spouse is a U.S. citizen, he or she may sponsor you for a green card. EB-5 visa may be a good option for you, assuming you qualify, because it directly leads to a green card in the U.S.

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    Charles Foster

    Immigration Attorney
    Answered on

    An F-1 nonimmigrant student is like anyone else in the world; they still have to qualify independently for Permanent Resident status and must do so either through a close family relationship with a U.S. citizen or Lawful Permanent Resident, through employment sponsorship under certain limited circumstances, or through an EB-5 investment.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    U.S. Immigration is based on being sponsored by someone, such as a qualified family member or an employer. For example, EB-1 visas are issued to internationally renowned researchers, professors, or executives/managers. EB-2/NIW visas are given to those whose skills are so necessary to our country that it is in the National Interest to waive sponsorship. Finally, EB-5 visas are issued to investors who invest $500k or $ 1 million in a United States business and create (at a minimum) 10 full-time, permanent jobs. For a student with an F-1 visa, the usual route to permanent residency is to find an employer who needs your skills and knowledge to sponsor you as an employee. After demonstrating to the government that they cannot find a U.S. Worker with your background or skill set for the job they want to fill, they can obtain a green card for you. However, this is an arduous process with lots of hoops to go through on the part of an employer and employee.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    An F-1 visa won''t lead to a green card. There are several other ways to obtain one, though, such as investment through the EB-5 program or through work. For example, if you graduate, get a job and get your employer to sponsor you, you may obtain a green card. You can also possibly get permanent resident status through a family member. Advisably, consult an immigration attorney on this issue and other matters related to immigrant visas/green cards before proceeding further.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    F-1 student status won''t lead to a "green card" (Lawful Permanent Resident) status. However, while you have F-1 status, you have the option to either process for permanent residence through future employment or to go through the EB-5 immigrant investor program.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The F-1 doesn''t lead to anything except OPT. You have to apply for a green card through a family member or through employment. Some other options include getting an employer to sponsor you or making an investment through the EB-5 program.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    F-1 will not directly lead to a green card. After earning your degree, you will have the opportunity to do Optional Practical Training, which can lead to an employer filing an H-1B for you. Your employer could also file a Labor Certification for you and THAT can lead to a green card. If your primary desire is to obtain a green card, I would consider the EB-5 program.

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