Can a F-1 student visa become a permanent resident? 4 Answers as of September 25, 2010

The short answer is yes. While an F-1 visa is a non-immigrant visa, with an assumption the visa holder will return to the USA, applying for an adjustment of status, whether with a family/spouse or an employer petitioner as sponsor, is not considered fraudulent intent on the part of an F-1 visa holder. If you wish to pursue obtaining such a visa and would like the help of an attorney, by all means contact me by e-mail or phone to set up an in-person or telephone consultation to decide how I may help you as your lawyer.

Yes. F-1 student can apply for permanent resident in three situations below:

1. Marriage to US citizen or green card holder

2. Employer sponsored EB2, or EB3 green card application. Labor Cert (PERM) + I-140

3. Investment of $500,000 in regional center. Green card received within 10 months.

4. Asylum. If you are from a country that persecutes its citizens for exercising their political and religious rights.

You can only get a green card if someone petitions for you and that petition is approved and on the basis of that petition you apply for the green card. That petition can be by a relative (US Citizen spouse, parent, child over 21 or sibling) or through an offer of fulltime employer from a US company. You can also try to apply through the diversity visa lottery if you are a citizen of a country that is included in the annual lottery.