When a typical American student graduates from college, they are faced with some difficult decisions. However, international students are faced with one of the most challenging questions - how can I stay in the United States? There are a few options, but not all of them will apply to you. Find out how you might be able to remain in the U.S. after you've completed your studies.
Join an Optional Practical Training Program (OPT)
If you were studying on an F-1 visa, this could be an option for you. Students who participate in OPT are allowed to remain and work in the country for up to 12 months. They are only eligible after they receive their degree or if they have studied in the U.S. for one year.
In some cases, you might receive a 24-month extension. But this is rare and only a small amount of these visas are available. They are limited to STEM fields.
As always, there are limitations to staying through the OPT. For instance, your employment must be similar to your field of study. The job also needs to be approved as an OPT opportunity.
H-1B Visa
Although this is a non-immigrant visa, it will lengthen your stay in the United States. After you graduate, you can switch your F-1 status to H-1B status. A qualified U.S. employer must be willing to sponsor you, and you must qualify for the position because of your field of study.
If granted this visa, you are allowed to live and work in the country for as long as six years. But you must remain with the employer during the duration of your stay.
Green Card
For those who want to remain permanently in the United States, a green card is the best option. However, obtaining a green card can be difficult. You need to choose the right type of green card for your situation.
The green card process takes months or even years, but it does grant you permanent residency. It could be worth the wait and allow you to remain in the country indefinitely.
Family-Based Visa
One way of getting permanent residency is to apply for a family-based visa. If you have an immediate family member who happens to be an American citizen, they could sponsor you. Once the application is approved, you'll have your green card.
Marriage
If you marry a U.S. citizen while you are legally in the country, you can apply for a green card. Be wary of entering a false marriage for the sole purpose of obtaining your green card; the immigration officials are trained to detect fraud. They will only grant you permanent residency if they think your love is genuine.
Asylum
Individuals who are fleeing from dangerous circumstances in their home country are eligible to apply for asylum. In 2016, 20,455 people in the U.S. were granted asylum.
After living in the U.S. for one year or longer, you can apply for a green card. For a successful application, you must be able to show that you are still an asylee. Leaving the U.S. before obtaining permanent residency hurts your case and could cause the immigration officials to deny your application.
Getting Answers to Your Questions
Every international student has different circumstances surrounding their stay in the U.S. Therefore, it's impossible to say which option you should use to stay in the country. For the best results, you should work with an experienced immigration lawyer. The Florida Immigration Law Counsel is ready to help you.
