Can a former student apply for permanent residency after their student visa has expired?

Someone who is temporarily in the United States on a student visa may be able to apply for permanent residency or citizenship, but not usually based solely on his or her status as a student. Whether a foreign student can obtain permanent residency or citizenship will depend on his current status and whether converting to a status that is eligible for adjustment to permanent resident status is possible.

If you are eligible for a change in status, you must file an application to change your status to that of a permanent resident. The current filing fee for adjusting your status to permanent resident is $1070.00. This fee is non-refundable if you are declined.

Determining Eligibility for Permanent Residency

Before a student files to change status, it is important to make sure he or she is eligible to do so. The first factor to determine eligibility for permanent residency is a student’s current status. If you have finished your studies and your visa has expired, your status has officially been changed from legal status to illegal status.

Unless a compelling reason exists for a student falling out of legal status, a person who is in illegal status cannot apply for permanent residency while in the United States. Instead of adjusting your status while in the U.S., you may have to return to your native country and apply for a new visa to re-enter, and then apply for permanent residency once your status is legal again.

Obtaining Permanent Residency with a Valid Student Visa

If your student visa has not expired, there may be ways for you to obtain permanent residency. Only certain categories of immigrants can apply for permanent residency. Usually the qualifying categories include asylum based, family based, and work based. A student visa will not automatically qualify, but while your status is legal, you can convert your status to another type.

Your newly-converted status will allow you to remain in the United States and make you eligible to apply for permanent residency. For example, if during the time you have attended school in the United States, you and your family have become political targets of your native government, you may be able to apply for asylum. Once you are granted asylum status, you may then apply for permanent residency.

Consulting an Immigration Attorney

Immigration laws provide other exceptions for student aliens that may apply to your situation. If you are close to losing your status, you should immediately contact an attorney who specializes in immigration law. An immigration attorney can help you review all of the options available to you based on your individual situation.

Case Studies: Applying for Permanent Residency After Expiring Student Visa

Case Study 1: John – Expired Student Visa

John, an international student from Canada, recently completed his studies in the United States. Unfortunately, his student visa has expired, and he is now in an illegal status. John wishes to apply for permanent residency in the United States.

However, due to his current status, he is ineligible to apply for permanent residency while in the country. John must return to Canada and apply for a new visa to re-enter the United States legally before pursuing permanent residency.

Case Study 2: Maria – Valid Student Visa

Maria, an international student from Brazil, still holds a valid student visa. As her visa has not expired, Maria has the opportunity to explore options for obtaining permanent residency.

While her status is legal, Maria can convert her student visa to another qualifying category that allows her to remain in the United States and become eligible to apply for permanent residency.

For instance, if Maria and her family have faced political persecution in Brazil, she may be able to apply for asylum. Once granted asylum status, Maria can then proceed with applying for permanent residency.

Case Study 3: Sarah – Change in Status

Sarah, an international student from India, completed her studies in the United States, and her student visa has expired. However, she discovers that she is eligible for a change in status that could lead to permanent residency. Sarah has been offered a job by a U.S.-based company, and they are willing to sponsor her for an employment-based visa.

This change in status allows her to remain in the United States legally and opens up the opportunity to apply for permanent residency through employment sponsorship. Sarah consults an immigration attorney to understand the specific requirements and processes involved in changing her status to an employment-based visa.

The attorney guides her through the application process, helps gather the necessary documents, and advises her on meeting the eligibility criteria for permanent residency. With the support of her attorney and her job offer, Sarah successfully changes her status and begins the journey towards obtaining permanent residency.