How To Become A Permanent Resident In The U.s

Optional practical training (OPT) is an invaluable opportunity to earn employment in the United States that allows you to work legally as a noncitizen, but what comes after?

F1 students can obtain OPT as a temporary solution, though it can be crucial to getting permanent residency. Read on to find out how to transition from OPT to a more permanent, secure green card status.

Can I Begin the Green Card Process During OPT?

The feasibility of transitioning from F-1 OPT status to green card status in large part depends on the country of origin of the applicant.

For some countries like India and China, there are far more applicants for green cards than there are spots allotted, and thus there is a lengthy backlog of applicants that makes winning one an often years-long process.

The glacial pace of the green card process for applicants from these countries renders the green card an unrealistic way to transition from OPT to permanent status since the period of OPT will have long expired before one can be obtained.

For applicants from countries without a backlog, though, applying for a green card can be a realistic path forward, especially if the applicant is still early in their OPT with plenty of time for processing.

At this point, the most important factor for success is the motivation of the employer in processing the sponsorship and application quickly so that the card can be obtained before OPT expires.

Next comes the question of how to apply for a green card.

Most foreign students in the US have an F1 visa status. The visa is valid only for the period while they are in school, and afterwards the students can no longer stay in the US. During the application period, the student must state that they intend to return and will not stay in the United States. They must prove that they will go back to their home country after they complete their degree.

Can F1 Students Apply for Green Card?

Although the F1 visa is a nonimmigrant visa, it is possible to remain in the United States after you get your degree. The reason is because the US wants to have educated people in the country. Since most F1 visa holders are getting a higher education degree in the US, they have a few loopholes for staying.

During the F1 visa interview, the US Embassy officials focus a lot on the requirement to go home. They continuously ask whether the student intends to return to their home country or not. They want to see proof that you will not try to stay illegally or in any other way. You will have to submit bank statements, leases, or property deeds to prove your intentions to return.

So despite what you will have to prove during your visa interview, there are ways to go from a student visa to a Green Card. If you are making the switch you should look at health insurance plans for Green Card holders in the United States.

How to Get a Green Card in USA for Students?

While the US does not explicitly prohibit international students from trying to get a Green Card, they made the process quite difficult. Here are the ways to get a Green Card as an international student:

Self-petition as a Person with Extraordinary Abilities

Since many of the students who have F1 visas are attending higher education, they are quite knowledgeable. They have abilities that the average person or applicant for a Green Card might not have. For these people who have achieved a lot, the US has made a specific visa. This is the Persons with Extraordinary Abilities Green Card or EB-1 visa.

The EB-1 visa is for these groups of people:

With an EB-1 visa, a person can then work in the US in their field of specialty permanently. Getting the EB-1 visa though is quite difficult since the requirements are extensive. Very few people can meet them and that is why going from an F1 visa to an EB-1 visa is also difficult.

There are many other requirements which you can find in the EB-1 visa article.

To apply for the EB-1 visa, the F1 international student has two choices:

If you self-petition, you must go through the whole procedure yourself. This includes doing the application and paying the high fees. Even after you do this, there is no guarantee you will get an approval.

Adjust status to a dual intent visa

Because a very small number of people can get a Green Card directly through the EB-1 visa, there are other ways. An indirect way is to adjust status from an F1 visa to a dual intent visa.

A dual intent visa is a nonimmigrant work visa which allows you to apply for a Green Card. The adjustment can happen after a certain period of time has passed. Dual intent visas are some of the H nonimmigrant visas such as the H-1B visa.

After they complete their degree, the F1 students can continue working in the US for about 12 months. They can work through two different programs.

The Curriculum Practical Training (CPT)

The F1 student can get employment from the educational institution that they attend. They can complete practical training like working as a Teaching or Research Assistant. Students can start their CPT after 9 months that they enroll in the educational institution. The CPT can continue for 12 months. This could convince the institution to sponsor the student. The student can stay as Associate Professor if he or she fulfills the criteria.

The Optional Practical Training (OPT)

The OPT is a program that allows international students to get some work experience in the US. It can only start after the student gets their degree. The student finds a job from a US employer in their specific field of expertise and can work for 12 months. After 12 months, the student must return to their home country.

But if you are successful during your OPT, you can get a chance at a dual intent visa. The employer can sponsor you to get an H-1B visa. The employer must petition for you to the US Citizenship and Immigration Services (USCIS) and get approval. For the nonimmigrant visas, the F1 student cannot self-petition. Only the employer can start the process.

After getting the dual intent visa, the international student can try to apply for the Green Card. This is a more indirect path which takes longer, but most international students choose this one since it is a bit easier than getting the EB-1 visa.

Become an investor in the US

Another route to get a Green Card is by investing in the US economy. This only applies if you are wealthy enough to afford it. When you invest $500K to $1M in a US commercial enterprise and create more than 10 permanent jobs, you can get the EB-5 visa.

The EB-5 visa is a Green Card for wealthy investors. You need to fulfill specific criteria to get it and there are four types of the EB-5 visa:

While the EB-1 visa is difficult to get because of its extensive requirements, the EB-5 is difficult because of the financial prerequisites. But if you can afford it, it is one of the better ways to go from an F1 visa to a Green Card.

Marry a US citizen

Finally, one way to get a Green Card if you are an international student is to marry a US citizen. This path to a Green Card will adjust your status to an IR-1 visa or a spouse visa. The spouse visa is only for foreign spouses of US citizens.

If you are thinking that this is an easy way to get a Green Card, think twice. USCIS does extensive background checks to ensure that the relationship is valid. They want to make sure that the relationship is not only for the Green Card.

Because of that, when a foreign person and a US citizen marry, USCIS gives the foreign spouse a conditional status. They get a CR-1 visa which is valid for 2 years. If during those two years, the couple gets a divorce, the foreign spouse loses their status. The foreign spouse must then return to their home country.

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Posted by in Immigrants | Updated on May 23, 2023

At a Glance: Yes, H1B visa holders can apply for green cards. The H1B visa is a dual-intent visa that allows for permanent residency through a green card application. It is advisable to start the green card application process as soon as possible to avoid complications after the H1B visa expires. The green card process includes applying for PERM labor certification, submitting Form I-140 (Immigration Petition for Alien Worker), and filing Form I-485 (adjustment of status). The processing times and fees for the H1B to green card transition vary, and it is recommended to consult with an employer or immigration lawyer for guidance.

The H1B visa is one of the most popular work visas in the US.

Given to people for a maximum of 6 years, the H1B indicates that the holder has received education and training and performs a highly sought-after job. After their six years is up, many H1B holders want to stay and work in the US.

Read on to find out everything you need to know to begin the process of transitioning from an H1B visa to a green card and permanent residency in the United States or check out our video H1B to Green Card Steps!

Can H1B Visa Holders Apply for Green Cards?

Yes. The H1B visa is a dual-intent visa, which means that those who hold it are eligible for permanent residency by applying for a green card. If you are interested in staying in the US, you should start the process of applying for your green card sooner rather than later. There are difficulties with applying for a green card once your H1B visa has expired.

Types of Employment-Based Green Cards

Each year, as many as 140,000 people apply for an employment-based green card. Each country (no matter what its size or population) gets 7 percent of this quota—in other words, 9,800 people. In turn, that 9,800 is divided up into several categories, each with its own number of potential visas. Below we list the types of visas and who qualifies for them.

E-B1 or Priority Workers

The E-B1 or priority worker category is probably the most prized H1B visa. Unfortunately, few qualify for it, as it requires that you be exceptional in your field. Workers who qualify for the E-B1 category include managers or executives of companies, professors, or researchers who are at the top of their field, as well as those who can demonstrate extraordinary ability in business, arts, science, or athletics.

Each country gets 2,802 of these visas, plus any not used for E-B4 or E-B5. If you do qualify, you can expect your visa to be processed quite quickly.

E-B2 or Professionals with Exceptional Ability or Advanced Degrees

Each country gets 2,802 E-B2 visas, plus any E-B1 visas that weren’t used. While the requirements for the E-B2 category are not quite as demanding as those for E-B1, they are still quite stringent. To qualify for an E-B2 visa, you must:

You can also qualify for an E-B2 visa if you are a physician and willing to use your skills in an underserved portion of the US.

E-B3 or Skilled/Professional Workers

Finally, a country gets 2,802 E-B3 visas, plus those not used in the above categories. The requirements for the E-B3 category are not as high as E-B1 or E-B2, but there is a large backlog of applicants. To qualify you can have a bachelor’s degree, be a skilled worker whose job requires a minimum of 2 years of training, or be an unskilled worker.

E-B4 or Special Immigrants

Finally, 3,000 or fewer visas are reserved for those in the “investor” class. To qualify for the E-B5 category you must demonstrate that you will create at least 10 full-time jobs in the US, as well as invest from $500,000 to $1,000,000 in the economy.

H1B Visa to Green Card Process Steps (2019)

The H1B to green card process is straightforward, but you’ll want to begin the process as soon as you can. Below we’ve listed the three main green card process steps to apply for your green card, and what should be done in each one:

  • Submit Form I-140
  • Submit Form I-485

Read on to learn about each step.

Apply for PERM Labor Certification

The first step is for your employer to apply for a Permanent Labor (PERM) certification. Achieving a PERM certification will require that your employer establish the prevailing wage for your position and set your salary to this amount. They will also have to go through a recruitment process, to prove that there are no qualified US candidates for your position. Finally, an ETA 9809 form will have to be filled out.

For the recruitment process, there are three basic requirements: two Sunday newspaper job postings and a posting with the state workforce agency, as well as three additional advertisements.

Submit Form I-140

Once you have gotten your PERM certification approved, you should file form I-140 or Immigration Petition for Alien Worker. As soon as USCIS receives your petition, you get a priority date. You won’t be able to start the next step of the process until your priority date is current.

Submit Form I-485

Once your priority date has arrived, you can then move on to the next step of the process. The next step is to file Form I-485 to USCIS, an adjustment of status.

This is the final step. Once I-485 is approved, you will receive a stamp on your passport, denoting your change of status from H1B to a green card holder. A little later, you will receive your physical green card in the mail.

Consequences of Delaying the H1B to Green Card Process

Some people wait until their H1B visa is expired or nearly expired before beginning to apply for their green card. This is a mistake. The problem is with form I-485, which asks to “adjust your status” from being on an H1B visa to permanent resident. But if your H1B is already expired, technically you aren’t really adjusting your status—you no longer have the status you’re asking to adjust! For this reason, USCIS will usually turn down your request.

The H1B to green card process has multiple steps that have to be completed correctly and in order. It’s best to start your application as soon as you can.

When Does H1B Status Expire?

When you entered the US, you should have gotten an I-94 from the port of entry officer you talked to during the inspection. You can find out the date your status expires by looking at the date listed on this card.

If you changed your status to H1B after your arrival in the US, the date will also be listed on your USCIS approval documents. You can also go to the Customs and Border Protection database to request an electronic copy of your I-94.

Regaining H1B Status After Expiration

The time it takes to go from an H1B visa to a green card can vary widely. It’s important to do your research ahead of time, to give you a sense of how long it is going to take so you don’t run into the expiration date of your current visa. Below is a breakdown of the time for each green card processing step:

H1B to Green Card Fees

Like with nearly all visa and immigration-related applications, moving from an H1B visa to a green card has a cost. These fees are paid in part by an H1B visa holder’s employer, but also in part by the visa holder himself. Below is a breakdown of the fees required to make the transition from an H1B visa to a green card.

Legal Fees

Generally speaking, the cost of applying to transition to green card from an H1B visa could cost up to $10,000, with $2000 or more of the financial burden falling onto the employee, depending on the situation.

Start Your Green Card Process Today

Your ability to attain a green card from an H1B visa can depend on the job you do, your skills, qualifications, education, and even your country of origin. But regardless of these factors, the process can take a significant amount of time. If you are intending or thinking about living permanently in the US, it’s a good idea to talk to your employer or a good immigration lawyer as soon as possible.

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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.

Posted by in Immigrants | Updated on May 24, 2023

At a Glance: J1 visa holders in the US may apply to have their status adjusted to a green card. As part of this process, J1 visa holders must obtain an approved J1 waiver and meet several other criteria.

Once you have a J1 visa in hand and some experience in America under your belt, it is extremely tempting to take the next step and become a permanent resident. However, the process of transitioning from a J1 visa to a green card is far from simple, and some will not be eligible for a green card at all.

J1 visa holders should explore their eligibility for a green card before attempting to make the transition. This article discusses the process of transitioning from J1 to green card, the related costs, and how you can cover them.

Is it Possible to Transfer from J1 to Green Card Status in the U

Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card.

There are a number of problems with attempting to transition from a J1 to a green card. For one, the J1 visa is not a “dual intent” visa, which is a nonimmigrant visa that permits visa holders to petition for permanent resident status without affecting their nonimmigrant visa status. Also, to obtain a J1 visa you must prove that you have close ties to your home country and that you plan on returning there after your J1 visa expires.

Two-Year Foreign Residence Requirement

Typically, J1 visa holders are told upon applying for their visa whether or not they are subject to the two-year foreign residence requirement. This information will be listed on your Form DS-2019, where the consular officer should indicate your status relevant to the two-year rule. Your visa stamp should also contain information on whether or not this restriction applies to you.

Finally, if you are still uncertain whether or not you are subject to the two-year foreign residence rule, you can request an advisory opinion from the U.S. Department of State. Keep in mind, though, that if you were at any point subject to Section 212(e) of the INA, you will still be subject to the two-year requirement even if your immigration status changes.

Immigrant Intent

Another major obstacle for J1 visa holders intent on transitioning to a green card is that J1 visa holders must prove, upon applying for their visa, that they do not have immigrant intent. This means you must demonstrate your intent to return to your home country when your visa expires. If you seek to transition from J1 to green card, you will have to show that your desire for permanent residence arose from unexpected changes in your personal circumstances. This can include, for instance, if you have married a U.S. citizen.

What Is a J1 Waiver?

A J1 waiver can let you circumvent some of the obstacles preventing J1 visa holders from getting permanent resident status, like the two-year foreign residence rule. There are four options for obtaining a J1 waiver:

Another obstacle that may arise in obtaining a J1 waiver is that your visa sponsor may revoke your J1 visa once you petition for a green card. This goes back to the issue of immigrant intent. A J1 visa is a nonimmigrant visa, and visa sponsors don’t want a reputation with the U.S. government as a J1 program that noncitizens use to transition to green card status. Having an immigration attorney with expertise in demonstrating a lack of immigrant intent may be helpful.

J1 to Green Card Process Options

Many J1 visa holders seeking permanent resident status also first change their visa status to a nonimmigrant visa with dual intent, like an H-1B. This lets them avoid potentially violating the terms of their J1 visa and the problem of immigrant intent.

J1 to Green Card Processing Time

The processing time for transitioning from a J1 visa to a green card will vary based on your circumstances and the class of green card you’re seeking.

If you first change your visa status to a nonimmigrant visa with dual intent, then your processing time will be subject to the typical wait times and processing for that particular visa. If you seek an H-1B, for instance, you must enter the annual lottery.

Also, you will need a PERM Labor Certification if you choose an EB-2 or EB-3 green card. To obtain a PERM certification, your employer must advertise your position extensively for a given length of time. This ensures that the job is not being given to an immigrant before a qualified American citizen. Processing a PERM certification typically takes 60 days for the initial recruitment, and another 6 months for the Department of Labor to make a decision on your application.

You may also have to submit a Form I-140, which involves an average of 6 months of processing time as well. The USCIS will give your Form I-140 a priority date, at which point you can file to adjust your status.

Finally, adjusting your immigration status also involves filing a Form I-485, which takes an average 6 months of processing time along with the I-140 and PERM certification. Therefore, in addition to the 60 day recruitment period for a PERM Certification, you can expect 6 months of processing time for all the relevant forms if you submit them at the same time.

Also, consular processing can speed up the processing time for your petition, but it will require that you return to your home country for an interview with the U.S. consulate.

Cost of Transition from a J1 Visa to a Green Card

The cost of transitioning from a J1 visa to a green card will also depend on whether you adjust your status or go through consular processing.

You may incur substantial attorney fees as well, on top of these costs, depending on the complexity of your transition.

How to Get a Personal Loan to Cover Your J1 to Green Card Fees

As you can see, the cost of transitioning to a green card is not insubstantial and is one of the biggest obstacles J1 visa holders face to obtaining permanent resident status. However, there are funding options available for noncitizens in the U.S. While immigrants are often denied credit and loans because of their lack of credit history and temporary status, lenders like Stilt are geared specifically towards immigrants.

Taking out a personal loan from Stilt involves a simple three-step process:

Read More

The complexities of transitioning from J1 visa status to permanent resident status can be too much for many people, not to mention the exorbitant cost of this transition. However, with the information detailed above, and potentially the help of an immigration attorney, you can determine the path that will give you the best chance of success. Furthermore, a personal loan can help you cover the cost without breaking the bank.

In a Nutshell

People with Temporary Protected Status (TPS) have permission from the U.S. Department of Homeland Security (DHS) to remain in the United States temporarily while their home countries are unsafe for them to return to for different reasons. If you are in the U.S. and have TPS, you may be able to get a green card and be on the path to U.S. citizenship. This article explains how to adjust your status from TPS to lawful permanent residence.

After spending some time in the United States, certain TPS recipients may become eligible for U.S. green cards, depending on their circumstances. We’ve outlined the specific eligibility categories in the next section below. If you’re eligible and want permanent residency in the United States, you should apply for a green card. With a green card, you’ll gain access to several immigration benefits. You’ll be able to live and work freely in the United States. You can also build a life, career, or family without worrying about deportation.

With TPS, you can temporarily remain in the United States. However, the U.S. government regularly reviews the TPS designated countries. If they decide that your home country should be safe to return to, your status will expire.

The U.S. government announces changes to TPS designations in the Federal Register. Currently, the designated countries are Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen.

If you’re eligible, you should apply for a U.S. green card as soon as possible. The U.S. government will welcome you as a lawful permanent resident if approved. After a few years with a green card, you can also become eligible for U.S. citizenship.

Who Can Adjust Status From TPS to Green Card?

If you’d like to settle permanently in the United States with your partner or accept a U.S. employment offer, you should apply for a green card. If you fear persecution in your home country, you can also apply for a green card after receiving asylum status.

You may be eligible for permanent resident status if you become the immediate family member of a U.S. citizen or green card holder while living in the United States under the TPS program. For example, if you fall in love with and marry a U.S. citizen or green card holder during your time here, you would become eligible for a marriage-based green card.

You can also become eligible for a green card through employment. You may apply while holding TPS if you qualify for a U.S. employment-based green card. You’ll need a U.S.-based employment offer and an employer willing to sponsor your application. Alternatively, you can self-petition for EB-1 status, the “alien of extraordinary ability” category.

Lastly, TPS holders are eligible to seek asylee status simultaneously. Note that TPS and asylee status are not the same. They are separate protected categories. If granted asylum, you’ll be able to apply for a green card after one year.

What Is the Adjustment of Status Process From TPS to Green Card?

Your adjustment of status (AOS) process will slightly vary depending on your green card category. Generally, the AOS process requires foreign nationals to file several forms and provide supporting documents. U.S. Citizenship and Immigration Services (USCIS) will ask your spouse or employer to sponsor your green card application.

Keep in mind that USCIS only considers genuine marriages as the basis for marriage green cards. If you do not have a genuine relationship with your partner, USCIS will deny your application. You’ll need to prove to them that your marriage is real and took place with good intentions.

Green Card Through a U. Citizen Spouse

To apply through a U.S. citizen spouse, you and your spouse must file Form I-130 and Form I-485. Typically, applicants file these forms together at the same time. Form I-130 is the Petition for Alien Relative. Your spouse will complete and sign this form for you. By completing this form, your spouse officially sponsors your green card application. Form I-485 is the Application to Register Permanent Residence or Adjust Status. You, as the applicant, will need to complete and sign Form I-485.

USCIS typically grants approval within 10 to 13 months if all goes well.

Green Card Through a U. Green Card Holder Spouse

Your application process will differ if your spouse is a U.S. green card holder. Those with U.S. green card holder spouses usually face longer waiting times. To apply, your spouse must first file Form I-130 for you. Once USCIS approves this form, you’ll wait to receive a visa number. As soon as your visa number becomes available, you may proceed with the application process.

In some cases, your visa number might not be available until after your TPS expires, so you’ll likely need to leave the United States before your status expires. You can only stay in the United States if you are eligible for another temporary nonimmigrant status. You can’t adjust your status abroad, but you can apply for a green card through consular processing. The consular process works differently from AOS. Overseas, you’ll need to apply for your green card through your local U.S. embassy or consulate. If approved in this process, you’ll typically receive your green card 23 to 32 months after filing Form I-130.

If your TPS doesn’t expire before a visa number becomes available, you can continue with AOS. Once your visa number becomes available, you can file Form I-485. If approved in this process, you’ll typically receive your green card 29 to 38 months after filing Form I-130.

Green Card Through an Employer

If you’re eligible for an employment green card, your employer must file Form I-140, Immigrant Petition for Alien Worker. If USCIS approves your Form I-140 and your visa number becomes available, you should then file Form I-485 to begin the AOS process.

Green Card Through Asylum

Form I-130 has a filing fee of $535. Form I-140 has a filing fee of $700. The Form I-485 filing fee varies based on age. Check out USCIS’s Fee Calculator to estimate your fees.

While USCIS considers your Form I-485, you should not travel outside the United States. You may only travel during this time if you have a travel permit, also known as Advance Parole. If you travel abroad without a permit, USCIS will assume you have abandoned your application.

Can You Adjust Your Status With TPS if You Entered the U. Without Inspection?

If you entered the United States without going through Customs and Border Protection (CBP) at a port of entry, you typically aren’t eligible to adjust your immigration status to a green card.

However, certain exceptions exist for TPS beneficiaries. Some U.S. courts have ruled that even if you did not go through lawful inspection at the border, your status would count as a legal entry into the United States. These exceptions only apply if you live in the Sixth Circuit or Ninth Circuit jurisdictions. You should review the courts’ websites to check whether they cover your state. If they don’t, you may want to consider moving to one of these areas. Otherwise, you won’t be able to adjust your status from within the United States.

What Happens After a Change of Status?

The exciting day arrives and you receive your green card in the mail. Congratulations! You can now work and live freely across the United States, travel overseas and return, and benefit from a pathway to eventual U.S. citizenship.

If you changed your status through marriage and were recently married, you might receive a conditional green card good for two years. You’ll have to upgrade this to a full 10-year green card as you near the end of the 2-year period.

Depending on your green card type, you might be able to apply for citizenship once you’ve been a green card holder for 3–5 years. To be eligible for citizenship, you must pay your taxes, not be convicted of a crime, and not leave the United States for extended periods without a reentry permit.

Important

Be careful with foreign travel. If you leave the United States during the AOS process, the U.S. government will assume you’ve abandoned your green card application and you’ll have to start from scratch. To avoid this, you can request an “advance parole” travel document, which will allow you to travel abroad and be readmitted to the United States without interrupting your application.

How Much Does Adjustment of Status Cost?

To obtain your green card application through Adjustment of Status, there are several application fees to plan for along the way.

How Much Is USCIS Planning To Increase Fees In 2023?

Earlier this year, U.S. Citizenship and Immigration Services (USCIS) announced plans to increase filing costs for most visa application types, including marriage green cards and those adjusting status to green cards. The proposed fees are not yet in effect, but Boundless is tracking all government updates closely.

How to Become a Permanent Resident in the U.S

Check out our USCIS fees guide for a full breakdown of the expected costs as well as updates on the government’s proposal.

What Are the Requirements for Adjustment of Status?

To use AOS, you must have used a valid visa or the Visa Waiver Program for your most recent entry to the United States. Most applicants must be in lawful status when they first apply for Adjustment of Status, even if their visa later expires before the process is complete.

One exception is if you are applying for Adjustment of Status through marriage to a U.S. citizen. In these cases, you can use AOS even if you overstayed on a visa, as long as you originally entered the United States with a valid visa or visa waiver.

If you’re applying for adjustment of status as the spouse or immediate relative of a U.S. citizen, there is no cap on green cards for you. However, if you’re applying as a more distant relative (called “family preference”), or if your sponsor is a green card holder, you could face a long wait. You can check your priority date to see when you might be able to apply.

IMPORTANT UPDATE FOR SPOUSES OF GREEN CARD HOLDERS (March 24, 2023)

The April 2023 Visa Bulletin saw a significant change to the F-2A family-based category (for spouses of U.S. green card holders). Due to a growing backlog of cases in this category, the “Final Action Dates” for F-2A applications are no longer “current” for the first time in several years. *“Final Action Dates” refer to applications whose priority dates have reached the front of the line and can now be reviewed by USCIS.

Although the “Final Action Dates” are no longer current, the “Dates for Filing” are still current, meaning spouses of green card holders can still file their adjustment of status applications. Even though spouses of green card holders can still apply, their Form I-485s will NOT be reviewed until their priority date is current. For Mexican applicants, the priority date has dropped back to November 1, 2018, and for all other applicants, to September 8, 2020. This change is likely to significantly increase processing times for spouses of green card holders. Stay tuned for any additional updates on our monthly Visa Bulletin report.

What is OPT?

Oftentimes F-1 students need to complete job training or internships outside of school as part of earning a degree, and the Optional Practical Training program is designed for these students.

There are two types of OPT: pre-completion OPT and post-completion OPT.

Pre-completion OPT is for students seeking employment or training while still enrolled and attending school.

This OPT can apply for up to 12 months, though students cannot work more than 20 hours a week while school is in session.

Post-completion OPT is for students who have earned their degree, and seek to complete their studies with a period of job training or employment.

For non-STEM students, this period is 12 months, while STEM students may be granted a 24-month extension beyond the typical 12 months.

This grace period allowing for work without citizenship or visa status is often vital for F-1 students to start their careers or further their fields of study.

How to Become a Permanent Resident in the U.S

OPT to Green Card

F-1 students applying for a green card need to be sponsored by an employer and must be deemed eligible for green card status through employment.

The process begins with the sponsor applying for a labor certification from the Department of Labor, and then submitting a Form I-140 (Immigrant Petition for Alien Worker) and potentially a Form I-485 (Adjustment of Status) to allow a transition from F-1 OPT status.

The applicant is given a visa number and a priority date. As long as this priority date is within the OPT period then the applicant can wait out the process in the hopes of getting a card and can transition legally from OPT to green card status.

How to Check the Status of Your AOS Application

You can check for updates on your green card application by entering your case number on the USCIS website. This will provide you with information and updates throughout your green card application, including when the green card has been approved.

Adjustment of Status FAQs

The adjustment of status process is the process by which a foreign national who is already in the United States can apply for lawful permanent resident status (a green card). To be eligible for adjustment of status, an individual must have been inspected and admitted or paroled into the United States, must be eligible to receive an immigrant visa, and must not be inadmissible to the United States.

To apply for adjustment of status for parents who currently reside in the United States, you must file Form I-130 (Petition for Alien Relative). Once your I-130 is approved, you will submit Form I-485 (Application to Register Permanent Residence or Adjust Status).

There are a number of benefits to adjusting your status, including being able to remain in the United States while your application is pending, being able to work in the United States without having to obtain a separate work permit, and having your spouse and unmarried children under 21 years of age included in your application.

After you file your application, USCIS will review your case to determine if you are eligible for adjustment of status. If USCIS determines that you are ineligible for adjustment of status, they may deny your application or refer your case to Immigration Court for removal proceedings. If USCIS determines that you are eligible for adjustment of status, they will schedule you for an interview at a local USCIS office.

At your interview, a USCIS officer will ask you questions about your application and your eligibility for adjustment of status. The officer may also ask you questions about your background and personal history. It is important to be honest and forthcoming during your interview, as any misrepresentations or false statements could result in your application being denied or referred for removal proceedings.

After your interview, the USCIS officer will make a decision on your case. If the officer approves your application, you will be issued a green card and will become a lawful permanent resident of the United States. If the officer denies your application, you may appeal the decision or file a motion to reopen or reconsider your case. You may also be placed in removal proceedings if the officer believes that you are ineligible for adjustment of status or if you have made false statements during your interview.

Generally, yes. If you have applied to adjust your status while in the U.S. and your application is pending, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.

Generally, no. If you leave the United States while your application is pending, USCIS will consider that you have abandoned your application and it may be denied. However, there are some exceptions, such as if you have received permission to travel from USCIS or if there is an emergency situation that requires you to travel.

Boundless Immigration Reviews

The adjustment of status process allows certain non-U.S. citizens within the United States to apply for lawful permanent residency — also known as a green card — without having to leave the U.S.

The process is typically used by individuals who entered the U.S. on a temporary visa, such as a student or work visa, and wish to become permanent residents. This guide covers everything you need to know about applying for adjustment of status.

The alternative to AOS is consular processing, which is when you apply for a green card from outside the United States. When you use consular processing, your green card will be processed by your nearest U.S. consulate or embassy, and you’ll remain outside the United States until your green card is approved. Both AOS and consular processing have their own timelines, application forms, supporting documents, and costs, but the eligibility requirements are the same. If you are unsure which process applies to you, see our guide on the differences between AOS and Consular Processing.

How to Become a Permanent Resident in the U.S

Get Help Applying for Adjustment of Status

Boundless has successfully helped more than 100,000 people reach their immigration goals. We’ll be your visa planning partner from beginning to end. Get started today!

Understanding the 90-day rule

If you’re eligible for a green card and in lawful status, you’ll still need to be careful not to trigger the 90-day rule. This is a guideline that U.S. Citizenship and Immigration Services (USCIS) uses to determine whether AOS applicants misrepresented their intentions when they first arrived in the United States.

Many temporary visas, such as the F-1 or B2 and B1 visas, can’t be used if you plan to immigrate permanently. By contrast, other temporary visas such as H-1B or L-1 allow “dual intent,” and can be used even if you plan to move permanently to the United States.

If you’re on a visa that doesn’t allow dual intent, you could run into trouble when you apply for AOS, since it shows that you intend to immigrate permanently. The U.S. government could reject your application or revoke your current visa if they decide you secretly planned to immigrate when you first entered the United States.

To make that determination, the USCIS official handling your case will apply the 90-day rule, a guideline that allows officers to infer that you misrepresented your intentions if you adjust your status within 90 days of arriving in the United States.

It’s possible to convince the USCIS officer that you genuinely didn’t intend to immigrate when you first arrived, but you’ll have to offer evidence and will face an uphill struggle.

Even after 90 days, USCIS officers can use their own judgment to determine that you misrepresented your intentions. Still, you’re much less likely to have problems if you wait until more than 90 days have passed before filing an AOS application.

Adjustment of Status Timeline

A few of the most common adjustment of status timelines based on our internal tracking are described below.

AOS Marriage Green Card Timeline

The current processing times for adjustment of status after marriage are 12.5–22.5 months for the spouse of a U.S. citizen and 12.5–22.5 months for the spouse of a U.S. green card holder.

Boundless has put together a detailed guide about adjustment of status processing times for a marriage green card.

K1 to AOS Timeline

The time it takes to get a marriage green card from when your K-1 visa is approved is 12.5–22.5 months, but it could be longer depending on your situation. Currently, the timeline for K-1 Fiance Visa approvals is 14.5, which makes the overall timeline much longer than it was historically.

For AOS processing times for other visa types, this handy USCIS tool allows you to check estimated times by form type.

AOS tip

The Adjustment of Status processing time also varies depending on where in the United States you apply from, so make sure to check your nearest USCIS office’s processing times. Boundless can help you apply faster, and easier, with guaranteed approval or your money back. Get started today!

In this guide

Winning permanent status in the United States is for many a long, tortuous process with plenty of ups and downs.

Just earning F-1 student status and OPT is a victory in itself, but that’s small consolation to hopeful students and young professionals seeking to parlay their education into a career in America.

Finding a way to transition from OPT status to permanent is a great challenge that many face, and applying for a green card straight from OPT is one avenue to do so.

It may not be realistic for everyone depending on one’s country of origin, but if the applicant has solid employment from their OPT and an employer motivated to retain them in the long term, applying for a green card may be the way to go.

What to Do When OPT Ends?

Earning OPT is a significant opportunity, one that gives F-1 students a chance to earn their stripes in the workplace and get a solid footing in their field of study.

Still, even for those who get OPT the question soon arises: what next?

F-1 students typically seek an employer to sponsor them for an H-1B work visa, but there’s a strict limit on the H-1Bs granted every year and few are lucky enough to be given one on their first attempt.

This is where the potential avenue of earning a green card to attain permanent status can be explored.

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