How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Your Own Question
Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

Hello! Im on a F1 visa right now. Is there any possibility

This answer was rated:

Hello!

I'm on a F1 visa right now. Is there any possibility for me apply for a green card before graduation without jeopardizing my F1 status?

Thank you!

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

On what basis would you be filing for your resident status?

 

Judith

Customer: replied 3 years ago.

I guess that's exactly my question. On which basis *could* I file my resident status? I'm married but my husband is in a similar situation...

You asked a completely different question about jeopardizing your student status, not who you might qualify for resident status. Very different things. Student status requires you to maintain an intent to return to your home country.

So applying for permanent resident status most definitely can jeopardize your status.

Most foreign students pursue the path of graduation, OPT, leading to the employer filing an H1B petition for them and then wanting to keep them permanently and filing for their green card.


Since you are married there would not be the option of marrying a US citizen who you meet and fall in love with, that is the other most common path.

There are 5 ways to come to the U.S. to live permanently. They are through family, through employment, through asylum, through investment, or through the lottery.

For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen
children over 21 in order to be able to come immediately. U.S. Citizen or
Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent
Resident spouses can also help you, but the wait for that is about 4 to 12
years or so.

 

Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.

 

Through asylum, you must prove that you will be persecuted, tortured or killed if you
stay in your country and that this will happen to you because of your
nationality, race, religion, political opinion, or membership in a particular
social group, not because you would run the same risk as anyone else in your
country to fall victim to a crime or bad economic conditions.

 

Through investment, you are looking at generally $1,000,000.00 for a residency, or if
you want a temporary visa, probably at least $100,000 or $200,000 investment to
start.

And through the lottery, it would be very difficult to win one of the 50,000 visas
available per year.


Judith

Judith and 3 other Immigration Law Specialists are ready to help you

Related Immigration Law Questions