F1 Visa to Green Card - How to Become a Resident as an Indian Abroad
Raj Abhisar Agarwal
Overview
The F1 Visa is a student visa that allows international students from India to stay in the US for the duration of an educational course and related practical training. On an F1 visa, you get to enter and exit the US as many times as you need while you’re still a student, as long as you’re actively studying and getting decent grades.
A green card basically gives you a permanent residency, which means that you can stay in the USA indefinitely and are legally allowed to work (and earn) freely. If you want to live in the USA long term without giving up your Indian citizenship, a green card is the best way to go about this.
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Overview
The F1 Visa is a student visa that allows international students from India to stay in the US for the duration of an educational course and related practical training. On an F1 visa, you get to enter and exit the US as many times as you need while you’re still a student, as long as you’re actively studying and getting decent grades.
A green card basically gives you a permanent residency, which means that you can stay in the USA indefinitely and are legally allowed to work (and earn) freely. If you want to live in the USA long term without giving up your Indian citizenship, a green card is the best way to go about this.
Raj Abhisar Agarwal
Introduction
We’ve all heard stories and seen movies about the coveted green card. But most people who go to the US don’t start with a green card. If you’re going to study in the US, you need an F1 visa. But if you want to know how to get PR in the USA after study, or if you need to transition your documentation in the US from an F1 visa to green card status, this article is for you.
Student to Permanent Resident Abroad
Even though the green card process is long and complicated, many people go into their studies with the goal of eventually transitioning from an F1 visa to green card. Let’s look at why people might want to transition from F1 to green card.
In case you’re an F1 visa holder, you can work part-time, but only on campus, to earn a little spending money, but there is a hard limit to how much you can earn each year. If you want to continue your studies at another institute, change your course, or even take another course, you must update your visa. You also don’t get to benefit from any social welfare programs in the USA. This can all be expensive and tedious.
After completing your studies, you can extend your stay in the US without aiming for citizenship. In some cases, an H1B visa may be an option, but in most situations, it’s best to go from an F1 to green card without H1B visa status. Permanent residency through a green card will be the easiest way to go.
Before you start wondering how many years to get PR in the USA for Indian Students, let’s look at the different paths you can take. You may have heard how it’s only possible to get a green card for PhDs, but there are actually a few different paths.
So, how to get PR in the USA after study? Well, generally, international students in the USA can make the transition from an F1 visa to green card through employment, marriage, family, diversity, or special skills. However, the countries eligible for the Diversity Lottery change each year. India is not on the list of eligible countries for the year 2024. However, as an Indian, you can still go from an F1 to green card through marriage, family, employment and special skills. Make sure to research well about green card eligibility for Indian students.
Let’s explore the basics of the green card process, different ways you can claim green card eligibility for Indian students, and tips to handle some of the challenges you may encounter.
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Understanding the Green Card Process
Let’s break down the paths available to shift your documentation in the US from an F1 visa to green card:
- F1 to green card through employment
- F1 to green card through special skills
- F1 to green card through family
- F1 to green card through marriage
- F1 to green card through diversity
Let’s explore how to get PR in the USA after masters, bachelor’s, or any level of higher education in the US as an F1 visa holder.
Whatever your path, transitioning from an F1 visa to a green card requires careful planning and preparation. There is a reason why people ask how many years to get PR in the USA for Indian students instead of how many months or weeks– the logistics of where you will be, when you will be there and where your belongings will be, as well as several associated costs. Including the various forms, affidavits, biometrics, medical examinations, as well as more intangible transportation costs, the cheapest possible F1 visa to green card transition will cost at least $1,200, depending on your category or pathway.
Whether you’re transitioning from an F1 visa to green card through employment, marriage or family, the steps will mostly be the same.
- Depending on whether you are in the US or not, determine whether you are applying for visa adjustment or consular processing.
- Determine whether you need a sponsorship or petition from someone else for your F1 to green card transition.
- Submitting your form I-485 or other applicable immigration form.
- Go to your application support centre appointment to submit biometrics and supplemental documentation.
- If selected, go for your interview.
- Provide further documentation if needed.
- Monitor the status until you receive a decision.
1. F1 to Green Card through Employment: Employment-Based (EB) Permanent Residency
If you are trying to change your US permit from F1 to green card through employment, you need to be aware of the difference between this and an H1B Visa. The H1B visa is competitive, and there is an upper limit on the total number of H1B visas given out each year. The H1B visa is valid for 3 years (and can be extended by a maximum of 3 years). Some people apply for a green card after their H1B visa is in action, but most fresh graduates go from F1 to green card without H1B visas.
The Employment-Based Green Cards require your employer to petition on your behalf, so you will need to have a confirmed job or a job offer before you try to go from the F1 visa to green card through employment. You may have heard that it’s easier to get a green card for STEM PhDs, or generally to get a green card for PhDs, but with the employment-based green card, this is not the case. It’s also possible to petition for yourself as a business partner, but you need to invest at least one million US dollars to do this.
2. Family-Based Green Card Options
If you want to know how to get PR in the USA after masters and are not able to use the employment-based route, a family-based option might be for you. Please note that this is not the same as transitioning from F1 to green card through marriage.
The family sponsorship route needs you to have an immediate family member who is a US citizen. This family member will have to petition for your immigration, and you will have to apply at the same time. This is called Concurrent filing. This might not be the most obvious path to get a green card for STEM PhDs, but it is a valid, legal way to transition your F1 to green card without H1B status. It’s important to maintain legal status while you are in the process of transitioning from an F1 visa to green card. Considering the reality of the cost and how many years to get PR in the USA for Indian students, it may be necessary to leave the US in order to do this, so make sure you are familiar with the regulations.
3. Diversity Visa Lottery Program
The Diversity Visa Lottery Program might seem like a dream come true for most people wondering how to get PR in the USA after studies. Basically, the US awards a set number of green cards to people from diverse or underrepresented countries. You can apply for free and individuals are chosen randomly within national quotas. However, green card eligibility for Indian students is not applicable in this category because India is not on the list of countries that qualify.
This does not mean it’s impossible to transition from an F1 visa to green card through the diversity lottery. If your spouse or family member is from an eligible ‘diverse’ country, you can apply in conjunction with the family member.
4. National Interest Waiver (NIW) and Extraordinary Ability (EB-1A) Green Cards
If you are still not sure how to get PR in the USA after masters programs or how to get a green card for PhDs, you may be able to transition your F1 visa to green card by focusing on your special skills or abilities.
The National Interest Waiver program offers a path to a green card for people with skills or expertise that are considered necessary for the country’s well-being. For instance, if the US is in shortage of electrical engineers, and you have that expertise, you may be able to apply for a green card without specific employment.
The Extraordinary Ability Green Cards work in a similar way but are focused on your special skills. This is most applicable to people who are highly acclaimed experts in their field, geniuses, etc. In this immigration category, getting a green card for PhDs is slightly more plausible, but you will still transition your F1 visa to green card through employment.
Unfortunately, even if you have an exceptional application, green cards can still take a couple of years to become available, and the full process can take upwards of three years. Make sure you have a backup plan while figuring out how to get PR in the USA after study. It’s a long, sometimes complicated process, and it can even be challenging to get a green card for STEM PhDs, so make sure you have a way to maintain legal status during the process.
5. F1 to Green Card Through Marriage
You’re probably assuming that transitioning from an F1 visa to green card through marriage is super common and easy. Transitioning from an F1 visa to green card is a little safer through marriage— it will not likely be rejected if everything is in order, but it will still take a long time. Even to get a green card for STEM PhDs, it is sometimes easier to apply through marriage. You will need to find a judge who is willing to officiate the marriage, get married, and receive the marriage certificate before taking this path.
Despite all the movies about fake marriages for visas turning into true love, there is a rigorous process to prove that it’s a bona fide marriage to a citizen or green card holder. If you try to convert your status as holding an F1 visa to a green card holding status through marriage, and it turns out your marriage is a sham, the repercussions are definitely not worth the hassle of faking it.
Adjustment of Status vs. Consular Processing
Irrespective of your path to progressing from an F1 visa to green card status, your steps, associated costs, and forms will differ slightly depending on whether you are applying through an Adjustment of Status or Consular Processing.
Adjustment of Status is applicable if you are in the US at the time of application under a valid visa. You don’t need to leave the country for this. If you are not in the US or are anticipating needing to leave, you could opt for Consular Processing, where you would process your application through your local embassy.
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Dealing with Visa Retrogression
When trying to convert your F1 visa to green card status, you need to be aware that there will be interruptions and delays. The most frustrating of all these is probably visa retrogression. The US government has a set quota for most green card pathways, which works on an annual cycle. If a quota has been filled, the due dates will be moved up to curb the volume of applications for the year.
This can be super disheartening and inconvenient, so make sure that you plan for it. Anything you can do to stay in legal status will help you, such as applying for a different visa type till the green card is processed. Unless you are trying to get a green card for PhDs, you could try to study another course or apply as a tourist if you can stay without working. You may need to leave the US for some time and apply through consular processing.
To Wrap Up
There are numerous paths to convert your status as holding an F1 visa to green card status. Broadly speaking, your approaches to do this are related to employment, family, marriage, or special skills. There are extenuating circumstances related to being a refugee, asylum seeker, or victim of abuse or crime, but these are independent of the process of converting an F1 visa to a green card.
The green card application process is lengthy and nuanced, so plan for it beforehand. As with most things in life, this process will go a lot smoother if you have support from the right people. Despite all the challenges and complexities, the intricate path of transitioning from an F1 visa to a green card is definitely doable. As long as you are patient and organised, you should not be afraid to apply for a permanent residency in the US if it will help you achieve your dreams and goals.
