At a Glance:
- Permanent residency
- The right to work
- Protection under the law
- A driver’s license
- The right to bear arms
If you are an international student living and studying in the US, there is a good chance you are interested in living here permanently, especially if you want to find a high-paying job to help pay off all of your student loans.
There are a number of ways an F1 student visa holder can become a permanent resident, but it can be hard to know which way is best for you. Read on to see which option best fits your situation.
Read on to learn more, or check out our video OPT to US Permanent Residency Steps Explained!
In This Article
Can F1 Students Apply for a Green Card?
The short answer? Yes. In fact, you already have a slight leg up, since you are legally living in the US. Below are 7 ways you can transition from an F1 student visa holder to a permanent resident.
7 Ways F1 Students Can Get a Green Card
There are seven ways you can get a green card as an F1 student:
- Receive Employer Sponsorship
- Marry a US Citizen
- Seek Asylum
- Win the Green Card Lottery
- Receive Sponsorship by a Relative Who Owns a Business
- Participate in Military Service
- Receive Parent or Child Sponsorship
Below, we discuss each of those ways!
1. Receive Employer Sponsorship
If you attain employment while studying, you can have your employer sponsor you. Ask the company you work for to make an application for you for an EB-2 or EB-3 employment-based green card.
2. Marry a US Citizen
You can also get a green card if you marry a US citizen. Note that you will have to prove that your relationship is legitimate (not simply a ploy to get residency). The process is quite rigorous and can involve interviews, background checks, and examination of documents you provide to the US Citizenship and Immigration Services (USCIS).
3. Seek Asylum
If returning to your home country would put your life in danger—if there is a civil war occurring or you are a member of a persecuted minority or group—you can petition for asylum. USCIS goes over these petitions on a case-by-case basis. If you can, consult an immigration lawyer as to the best way to present your case.
4. Win the Green Card Lottery
The Electronic Diversity Visa Lottery is held every year from October to November. It is sometimes called the “green card lottery”—there is no guarantee you will get a green card through this process. Note that certain countries that have sent over 50,000 immigrants to the US in the last 5 years are ineligible, including Canada, South Korea, Mexico, and Canada.
5. Receive Sponsorship by a Relative Who Owns a Business
If you have a relative who owns a business, they can sponsor you for a green card. Your business-owning relative, however, will have to prove that they are hiring you due to your qualifications, rather than because you are related. They must have a recruitment process for the position you would fill and show that they have made a good-faith effort to hire a US candidate, but that none were available or willing to do the job.
6. Participate in Military Service
Normally, you cannot join the military without a green card or work authorization. However, if you have two years of the university you might be eligible for certain high-demand positions in the military, even without a green card. Speak to a military recruiter on your campus about this possibility.
7. Receive Parent or Child Sponsorship
If you have a parent or a child under 18 who is already a legal US citizen, they can sponsor you for your green card.
8 Rights You Will Have a Green Card Holder
After going through the green card process steps and obtaining a green card, you enjoy almost all the rights of a US citizen:
- Permanent Residency: Live indefinitely in the US. Certain actions or legal violations can jeopardize this status.
- Work: Work freely, except in roles related to homeland security or specific elected positions.
- Legal Protection: Be protected under all federal, state, and local laws.
- Driver’s License: Easily obtain a license. (Though possible to get one without an SSN, a green card streamlines the process.)
- Bear Arms: Purchase and use firearms according to state laws.
- Travel: Move and travel freely within the US.
- Immediate Family Visas: Secure visas for a spouse or unmarried children under 21.
- Social Security Benefits: Access benefits earned through work, including Medicare.
7 Responsibilities You Will Have as Green Card Holder
As a green card holder, you also have certain responsibilities to uphold:
- Responsibility to Follow the Law: Obey all federal, state, and local laws.
- Responsibility to Register with Selective Service: Males aged 18-25 must register, even though the last draft in the US was in 1973.
- Responsibility to File Income Taxes: Report all income to the IRS, just as US citizens do.
- Responsibility to Support the US Government: Uphold and support the democratic governance of the US without attempting to alter it illegally.
- Responsibility to Carry Proof of Residency Status: Always carry your permanent residency card (green card) as proof.
- Responsibility to Inform DHS of Address Changes: Notify the Department of Homeland Security within 10 days of changing your residence.
- Responsibility to Have Health Insurance: Ensure you’re insured. You may be eligible for affordable insurance through federal or state healthcare marketplaces.
Remember, with the rights that come with a green card, there are also these responsibilities to uphold.
Other Resources from Stilt
- 65 Questions to Prepare for the F1 Visa Interview
- The Top 100 Best Physical Therapy Schools in the U.S.
- Top 10 Biggest Colleges in the U.S.
- Top 100 US Universities in Computer Science
- Top 15 Universities in the U.S. with Day 1 CPT
FAQ for F-1 Visa Holders Looking to Obtain a Green Card
For many international students, the United States represents opportunities for advanced education, professional growth, and potentially a long-term home. If you’re an F-1 visa holder interested in obtaining a green card, you likely have several questions about the process. Below are some frequently asked questions to guide you through your journey:
Can an F-1 student obtain a green card?
Yes, an F-1 student can pursue various avenues to obtain a green card, such as through employment, marriage to a U.S. citizen, or other family-based opportunities.
How many years does it take to transition from an F-1 visa to a green card?
The timeline varies based on the specific green card category and other factors like visa backlogs. Generally, it can take anywhere from a few months to several years.
What is the 90-day rule in the context of transitioning from F-1 to a green card?
The 90-day rule is an informal guideline suggesting that an individual should wait at least 90 days after entering the U.S. on a non-immigrant visa (like F-1) before applying for a change of status. This is to demonstrate that they didn’t have preconceived intent to immigrate at the time of entry.
Can I apply for the green card lottery while on an F-1 visa?
Yes, F-1 students can apply for the Diversity Visa Lottery if they are from an eligible country. Being on an F-1 visa does not impact eligibility.
Are F-1 students considered residents after 5 years?
F-1 students are considered non-residents for tax purposes. However, after 5 years, they might be considered residents for tax purposes under the Substantial Presence Test. This is different from being a permanent resident (green card holder).
How can I change my status from an F1 visa to a green card after marriage?
If you marry a U.S. citizen, you can apply for an adjustment of status to become a permanent resident. This typically involves filing the necessary paperwork, attending an interview, and meeting other requirements.
What is the best way for international students to obtain permanent residency?
The best way varies by individual circ*mstances. Common paths include employment-based sponsorship, marriage to a U.S. citizen, or family-based green card applications.
How long can I stay in the U.S. after my F1 visa expires?
After completing your academic program, you have a 60-day grace period to either depart the U.S., change your status, or start a new program. It’s crucial to maintain legal status and not overstay.
Other Helpful Guides to Check Out
- Green Card Eligibility Categories – USCIS
- Get a Green Card – Department of Homeland Security
- Green Cards & Permanent Residence in the US – USAGov
- Example of a University’s Green Card Sponsorship Program – University of Michigan
- Example of a University’s Residence Policy – University of California System
Frank Gogol
I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.
See author's posts
It sounds like you're delving into the complexities of transitioning from an F1 student visa to obtaining a green card in the US. I've been deeply engaged in immigration matters and have helped many navigate this intricate process.
First, let's explore the concepts mentioned in the article:
Green Card Acquisition Methods:
- Employer Sponsorship: Via EB-2 or EB-3 employment-based green card applications.
- Marriage to a US Citizen: Requires proof of a legitimate relationship.
- Seeking Asylum: Available for those facing life-threatening situations in their home countries.
- Green Card Lottery: The Electronic Diversity Visa Lottery, offering random green card selection.
- Sponsorship by a Relative Who Owns a Business: A relative's business can sponsor based on qualifications.
- Participating in Military Service: Some opportunities exist even without a green card for specific roles.
- Parent or Child Sponsorship: If a parent or child is a legal US citizen, they can sponsor.
Rights as a Green Card Holder:
- Permanent Residency: Indefinite stay in the US, with certain conditions.
- Work Rights: Except for specific roles related to security or elected positions.
- Legal Protection: Covered by federal, state, and local laws.
- Driver’s License: Streamlined process with a green card.
- Bear Arms: Subject to state laws.
- Travel Rights: Freedom of movement within the US.
- Family Visas: Ability to secure visas for immediate family members.
- Access to Social Security Benefits: Including Medicare based on work.
Responsibilities of a Green Card Holder:
- Following the Law: Compliance with all laws at various levels.
- Selective Service Registration: Mandatory for males aged 18-25.
- Filing Income Taxes: Similar to US citizens.
- Supporting the US Government: Without illegal attempts at alteration.
- Carrying Proof of Residency: Always carrying the green card.
- Informing DHS of Address Changes: Within a specific timeframe.
- Having Health Insurance: Ensuring coverage.
The article also touches on frequently asked questions (FAQs) that international students often have regarding the transition from F1 to a green card. It clarifies aspects like the timeframe, the 90-day rule, lottery eligibility, tax status, and post-visa expiration stays.
Additionally, the resource list provides extra guidance and information sources regarding green card eligibility, sponsorship programs by universities, residence policies, and more, aimed at assisting individuals seeking permanent residency in the US.
This comprehensive guide from Frank Gogol focuses on providing clarity to international students aspiring to secure a permanent foothold in the United States. It aims to empower them with knowledge about the available pathways and associated rights and responsibilities.
