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?
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. Citizenchildren over 21 in order to be able to come immediately. U.S. Citizen orLawful Permanent Resident parents or U.S. Citizen siblings, or Lawful PermanentResident spouses can also help you, but the wait for that is about 4 to 12years 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 youstay in your country and that this will happen to you because of yournationality, race, religion, political opinion, or membership in a particularsocial group, not because you would run the same risk as anyone else in yourcountry 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 ifyou want a temporary visa, probably at least $100,000 or $200,000 investment tostart.
And through the lottery, it would be very difficult to win one of the 50,000 visasavailable per year.
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