Studying Abroad and Immigrating to the U.S.: How to Easily and Legally Convert an F-1 Visa to a Green Card

Studying abroad is one way to make your American dream a reality, and this option is increasingly popular among young Vietnamese students.

To relocate to the U.S. permanently, international students need to apply for a change of status from a non-immigrant visa to an immigrant visa to obtain a green card, which grants them the right to live and work permanently in the U.S.

However, the process for U.S. immigration for international students can be quite complex and requires meeting specific requirements when changing status.

Do not worry! In the following article, ImmiPath will guide you through studying abroad and immigrating to the U.S., helping you choose the best path to obtain a green card and fulfill your dream of studying and settling in the U.S.!

1. Why Should You Study Abroad and Settle in the U.S.?

As of January 2022, immigrants in the U.S. made up 14.2% of the total population, the highest percentage in 112 years, since 1820. Additionally, in 2022, the U.S. was the third most populous country in the world, with a population of 334 million. So, why do so many people want to immigrate to the U.S.?

Whether you are Vietnamese or an international student planning to study and settle in the U.S., the following factors will provide you with a clearer perspective and help you make an informed decision about your path to studying and immigrating to the U.S.:

• The U.S. is one of the most culturally diverse countries, with a cultural diversity index of 0.278. It is influenced by the cultures of European Americans, Asian Americans, African Americans, Latin Americans, and Native Americans. Adapting to these cultures may seem challenging at first, but many people come to appreciate the values of independence, equality, directness, and friendliness.
• In the U.S., over 239 million people speak English. Thus, it is a popular destination for English speakers. However, other spoken languages include Spanish, Chinese, French, and German.
• The U.S. offers significant religious freedom. People can practice any religion known worldwide, such as Christianity, Judaism, Hinduism, Islam, Buddhism, and others. Studies show that only 23% of Americans consider themselves non-religious.
• The U.S. provides opportunities to enjoy various sports such as football, baseball, ice hockey, and basketball.
• America is known as a land of opportunities, equality, and freedom. Human rights are highly valued, and both immigrants and native citizens are treated equally.
• The U.S. education system is ranked among the best in the world, and the country is a melting pot of many cultural achievements.
• U.S. healthcare invests in both facilities and personnel, and anyone, regardless of race, ethnicity, or religion, can access medical treatment.
• The U.S. features modern infrastructure and has a strong culture of adhering to laws.
• The living environment is green, clean, beautiful, and healthy, with high standards of food safety, which enhances the quality of life for immigrants.

2. What Do You Need to Prepare for Studying and Settling in the U.S.?

Many international students often ask, “I am Vietnamese and want to settle in the U.S.” or “I am a student and want to stay in the U.S.” While it may sound appealing to enjoy the educational environment, lifestyle, and quality of education in the world’s leading power, this decision requires thorough preparation.

Before exploring the pathways for settling in the U.S. through studying, you should plan and prepare everything to ensure a smooth study and settlement process:

• Budget Planning: Assess the cost of living in the U.S. for 2022, choose a university, and select the best course. This will help you estimate and arrange finances through loans, scholarships, or personal funds.
• Affordable Housing: Find affordable accommodation in the U.S. by comparing rental prices for on-campus/off-campus housing or urban/suburban/rural areas. The average monthly rent in the U.S. can range from $600 to $3,000.
• Understand Traffic Rules: Familiarize yourself with U.S. traffic rules, as even minor infractions can result in hefty fines. Universities often provide guidance on traffic regulations, but preparing ahead is still advisable.
• Get Acquainted with U.S. Measurements: Adjust to the U.S. measurement system to avoid confusion. For example, kilometers, kilograms, and Celsius in Vietnam are replaced by miles, pounds, and Fahrenheit in the U.S.

3. How Can You Obtain a Green Card for the U.S. Residency as an International Student?

During the F1 visa interview, U.S. Embassy officials often question whether students intend to return to Vietnam. They want to see evidence that you do not plan to stay illegally or by other means. You will need to provide bank statements and proof of assets to demonstrate your intention to return.

While the U.S. does not explicitly prohibit international students from seeking a Green Card, the process is quite challenging. Although the F1 visa is a non-immigrant visa, you can still stay in the U.S. after completing your studies.

Here are ways that ImmiPath guide you to obtain a Green Card as an international student:

3.1 Self-Petition as a Person of Extraordinary Ability

Many F1 students studying in advanced academic programs possess unique abilities that ordinary Green Card applicants may not have. If this applies to you, consider applying for an EB-1 visa:

EB-1 visas are available for:

• Outstanding professors and researchers
• Individuals with extraordinary abilities in the arts, sciences, business, athletics, or education
• Executives who have worked for a U.S. company’s foreign branch for the past three years

With an EB-1 visa, you can work permanently in the U.S. in your field of expertise. However, obtaining an EB-1 visa is challenging due to its stringent requirements. Few people qualify, making the transition from an F1 visa to an EB-1 visa difficult.

To qualify for the EB-1 Green Card category, you must meet at least three of the following criteria:

• Have received national or international awards for your achievements, such as an Oscar, Pulitzer Prize, or Olympic medal
• Published articles or research in your field recognized in journals or media
• Been asked to review others’ work either individually or in a group
• Made significant contributions in your field academically, scientifically, artistically, athletically, or commercially
• Written articles published in trade or major media publications
• Had your work showcased in exhibitions or other displays
• Proven that you have played a major role in a renowned organization
• Received a high salary compared to others in your field
• Achieved commercial success in the performing arts

To apply for the EB-1 Visa, F1 international students have two options:

• Find a Job in Your Field
• Self-Petition

If you secure employment, your employer must sponsor you by covering the application fees and ensuring compliance with labor and visa laws.

If you choose to self-petition, you will handle the entire process yourself, including preparing and paying the high fee for the application. Even with this route, approval is not guaranteed.

3.2 Adjusting Status to Dual Intent Visa

Since obtaining a Green Card directly through the EB-1 visa is challenging for most, there are alternative pathways for international students to study and eventually settle in the U.S. One indirect method is to adjust their status from an F1 visa to a dual intent visa.

A dual intent visa is a non-immigrant visa that allows you to apply for a Green Card while you are in the U.S. on a temporary basis. This adjustment can take place after a certain period. Dual intent visas include some non-immigrant H visas, such as the H-1B visa.

After completing your studies, F1 students can continue working in the U.S. for approximately 12 months under Optional Practical Training (OPT). There are two key programs available for international students:

a. Curricular Practical Training (CPT)

F1 students can gain work experience through their educational institution by engaging in practical training such as working as a Teaching Assistant or Research Assistant. 

CPT can be initiated after completing 9 months of enrollment at the educational institution and can continue for up to 12 months. This opportunity can persuade organizations to sponsor the student. Students can stay on as Assistant Professors if they meet the criteria.

b. Optional Practical Training (OPT)

OPT is a program that allows international students to gain work experience in the U.S. It can only begin after the student has received their degree. Students can find employment with a U.S. employer in their field of study and work for up to 12 months. After 12 months, students are required to return to their home country.

If you successfully complete your OPT, you may have the opportunity to obtain a dual intent visa. Your employer could sponsor you for an H-1B visa. The employer must file the application with the U.S. Citizenship and Immigration Services (USCIS) and receive approval.

For non-immigrant visas, F1 students cannot apply independently; only employers can initiate the process.

Once you obtain a dual intent visa, you can attempt to apply for a Green Card. This is a more indirect route and may take longer, but it is generally considered easier than applying for an EB-1 visa.

3.3 Becoming an Investor in the U.S.

Another path to obtaining a Green Card is by investing in the U.S. economy. This option is only viable if you have substantial financial resources. By investing between $500,000 and $1 million in a U.S. commercial enterprise and creating more than 10 permanent jobs, you may qualify for an EB-5 visa.

The EB-5 visa is a Green Card specifically for wealthy investors. To qualify, you need to meet specific criteria, and there are four types of EB-5 visas:

• C-5 Visa: For investors creating jobs outside of targeted employment areas.
• T-5 Visa: For investors creating jobs in rural areas or high-unemployment areas.
• R-5 Visa: For investors participating in the Regional Center Pilot Program outside of targeted areas.
• I-5 Visa: For investors participating in the Regional Center Pilot Program within a targeted area.

While the EB-1 visa is challenging to obtain due to its broad requirements, the EB-5 visa is difficult because of the financial prerequisites. However, if you have the financial means, it is a viable way to transition from an F1 visa to a Green Card.

3.4 Marriage to a U.S. Citizen or Permanent Resident

One way to obtain a Green Card if you are an international student is by marrying a U.S. citizen or permanent resident. This route will adjust your status to either an IR-1 visa or a spousal visa. The spousal visa is specifically for the foreign spouse of a U.S. citizen.

If you think this is an easy way to obtain a Green Card, think again, as USCIS (U.S. Citizenship and Immigration Services) will conduct extensive background checks to ensure that your relationship and marriage are genuine and not solely for the purpose of obtaining a Green Card.

Thus, when a foreign national marries a U.S. citizen, USCIS grants the foreign spouse conditional status. They receive a CR-1 visa valid for 2 years.

If the couple divorces within those two years, the foreign spouse loses their residency status and must return to their home country. 

However, if the couple remains married for the full two years, the foreign spouse can adjust their status from conditional to permanent residency and receive a 10-year Green Card.

Therefore, if you are an international student with a genuine relationship with a U.S. citizen, this can be a pathway to obtaining a Green Card.

3.5 Studying and Immigrating to the U.S. through the EB-3 Program

Many Vietnamese students in the U.S. who reach out to ImmiPath often ask if it is possible to immigrate to the U.S. after studying there. The answer is yes, and a popular method among Vietnamese students is the EB-3 visa – an immigration process that provides Green Cards to applicants and their dependents.

Traditionally, the EB-3 visa was primarily a pathway for foreign nationals living outside the U.S. However, more and more applicants are now adjusting their status from an F-1 visa to an EB-3 visa while staying in the U.S.

By applying for an EB-3 visa while in the U.S. on an F-1 visa, applicants can continue using their non-immigrant visa status while transitioning to an immigrant visa.

The adjustment process within the U.S. is generally shorter compared to those applying through Consular Processing from outside the U.S.

So, what exactly is the EB-3 visa? The EB-3 visa is divided into two categories: Skilled Workers (EB3 Skilled Workers) and Unskilled Workers (EB3 Unskilled Workers).

Skilled Workers: This category requires at least two years of work experience and includes roles that are experiencing a labor shortage, such as nursing.

Unskilled Workers: This category does not require prior experience or qualifications and includes roles in labor-intensive sectors facing a labor shortage, such as restaurant work, janitorial services, packaging, and manufacturing.

The EB-3 visa program is rapidly gaining popularity among international students because it offers a clearer and more direct path to obtaining a U.S. Green Card compared to other visa options.

Note that Unskilled Workers must be able to perform labor that is not readily available from U.S. workers and must have a job offer. The employer sponsoring the EB-3 applicant must file a Labor Certification and Form I-140 on behalf of the applicant.

ImmiPath currently offers EB-3 immigration services for both Skilled and Unskilled Workers, with offices in both the U.S. and Vietnam. Many students trust us to successfully transition from an F-1 visa to a 10-year Green Card, live and work in the U.S., achieve success, and reunite with their families from Vietnam.

3.6 Green Card Lottery

Each year, the U.S. government organizes the Diversity Visa Lottery, also known as the “Green Card Lottery,” from October to November. While this is an alternative option for those on an F-1 visa, there is no guarantee of receiving a Green Card through this method since the selection process is random and there are limits on the number of visas available.

However, if selected, you will need to provide USCIS with documents confirming your eligibility, a Green Card application, and additional supporting materials. Afterward, an interview will be conducted to determine if you qualify for permanent residency in the U.S.

To participate in the lottery, you must typically register within the timeframe announced annually by the U.S. Department of State.

3.7 Asylum

If returning to your home country would endanger your life or expose you to persecution or harsh conditions, you may be eligible to apply for asylum. An asylum application, if granted, allows you to remain in the U.S. and work. This application can be submitted within 12 months of entering the U.S. on an F-1 visa using Form I-589.

Applying for asylum can be particularly challenging, so consider seeking assistance from an experienced immigration attorney to provide the necessary evidence and present your case in the most favorable manner.

3.8 Military Service

Some F-1 students may be eligible to serve in the U.S. Armed Forces through the Military Accessions Vital to the National Interest (MAVNI) program. While F-1 visa holders are generally not allowed to join the military, an exception may be made if they possess critical skills needed by the armed forces.

This program allows qualified individuals to enlist and apply for U.S. citizenship using Form N-400. However, the program is currently under review by the administration, so it may not be a viable pathway to a Green Card in the near future.

4. Conditions for Residency After Studying in the U.S.

To transition from studying to permanent residency in the U.S., you need to meet several requirements:

• Obtain a Passport: Secure a passport to apply for a visa and obtain the necessary stamps.
• Complete Required Documentation: Ensure all paperwork is in order and provide proof of identity as needed.
• Update Financial Details: Complete and update your bank account’s Know Your Customer (KYC) information or provide financial details of your bank account.
• Submit Academic Documents: Provide transcripts, a statement of purpose, letters of recommendation, proof of English proficiency, and other exam scores like GMAT/GRE if required.
• Verify Mobile Number: Confirm your mobile number as part of the process.
• Install Banking Apps: Set up mobile banking applications for convenience.
• Undergo Medical Examination: Complete a health check as part of the visa process.
• Attend Visa Interview: Participate in an interview for your visa application.
• Await Visa Decision: Wait for the visa committee’s decision regarding your application.

5. Some Frequently Asked Questions about Studying and Settling in the U.S.

5.1. How can international students obtain permanent residency in the U.S.?

Many ask, “I want to study and settle in the U.S., but how do I do it?” The best approach is to check your eligibility using the information ImmiPath has shared earlier. You would typically need to file Form I-485 – Application to Register Permanent Residence or Adjust Status with USCIS, including all required documents and fees.

5.2. How long does it take to get a green card after transitioning from an F-1 visa?

On average, obtaining certification for employment, applying for a visa, or adjusting status takes between 1.5 to 3 years in the U.S.

5.3. What questions are asked during a U.S. green card visa interview?

Visa interview officers usually ask questions about future employment, family/relationships, career goals, medical history, and any criminal records (if applicable).

It is important to be well-prepared, stay calm, and answer questions honestly during the consulate interview to increase your chances of receiving a green card.

5.4. Which professions are easier for immigration in the U.S.?

What major I should study and what job I should do when immigrating to the U.S. also attract the attention of students and parents because choosing what major to study abroad is also a turning point that opens the way to settling down later. Below, ImmiPath will introduce to parents and students the professions that are easy to settle in the U.S. after studying abroad:

• Statistics
• Marketing and Communications
• Agriculture and Veterinary Medicine
• Healthcare and Nursing
• Translation and Interpretation
• Business & Management
• Political Science
• Information Technology and Computer Science

5.5. What should I do if my F-1 visa expires and I have not obtained a green card yet?

Be cautious not to overstay your visa, as overstaying can violate immigration laws and may result in being barred from re-entering the U.S. for several years, depending on how long you stay without a valid visa.

If you overstay your visa, aim to leave the U.S. within six months of your F-1 visa’s expiration to avoid a re-entry ban. If you overstay by six months or more, you may face a three-year re-entry ban. If you overstay by more than one year, you could be banned from re-entering the U.S. for ten years.

However, if you overstay and your spouse becomes a U.S. citizen before you leave, you might be eligible for the immigration process described under the marriage section above. Any overstayed period may be waived due to your marriage to a U.S. citizen.

6. How Can You Expedite the Review of Your U.S. Study-to-Immigrate Application?

Each pathway to obtaining a green card for permanent residency in the U.S. after graduation has its own advantages and challenges. Therefore, you should carefully consider the immigration route that best suits your personal circumstances and ensure that it is legal.

If you or your children are studying in the U.S. and want to transition to permanent residency but are unsure of how to proceed, you might consider seeking assistance from a reputable immigration consultancy. This can help ensure that your path to U.S. residency is smooth and successful.

ImmiPath, with our team of experienced consultants and offices in both the U.S. and Vietnam, is proud to offer specialized advice on U.S. immigration matters. We provide support with spouse and family sponsorships, and student visa transitions to green cards through EB-3, EB-5, CPT-OPT pathways, and more. We assist with preparing documents, guiding you through visa interviews, and helping you and your family quickly obtain visas and green cards to reunite with loved ones and start a new life in the U.S.

If you have any questions about studying and immigrating to the U.S., feel free to comment below. The ImmiPath team will support and advise you with their extensive experience and dedication, helping to turn your American dream into reality.