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

Hello! I'm on a F1 visa...
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!
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Answered in 1 minute by:
10/2/2013
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,148
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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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

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Customer reply replied 4 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 Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,148
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,148
29,148 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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