Yes, it is possible to get a green card while studying in the United States, but only if the student qualifies under an eligible immigration category. An F-1 student visa is a temporary, single-intent status, meaning it is not issued for permanent residence.

In many cases, students who qualify may apply for a green card through adjustment of status while remaining in the U.S., provided they meet all legal requirements.

How Getting a Green Card While Studying Generally Works

Most international students study in the U.S. on an F-1 student visa, which allows full-time study at an accredited institution. The F-1 visa is a non-immigrant, single-intent visa, meaning students are expected to study temporarily and depart the U.S. after completing their program.

A student may apply for a green card while studying if they qualify for adjustment of status, which is the process of changing from a non-immigrant status to lawful permanent resident without leaving the United States. If adjustment of status is not available, the student may need to complete consular processing at a U.S. embassy or consulate abroad.

Common Pathways That May Allow a Student to Apply for a Green Card

Employment-Based Options

Some students qualify for employment-based permanent residence:

  • EB-1 (Extraordinary Ability)
    Students with extraordinary ability in science, art, education, business, or athletics may self-petition without employer sponsorship.
  • EB-2 or EB-3 (Employer Sponsorship)
    An employer may sponsor a student if they offer a permanent, full-time job and complete required filings.
  • National Interest Waiver (NIW)
    Certain professionals may apply without a job offer if their work significantly benefits U.S. national interests.

Family-Based Sponsorship

Students may qualify for permanent residence through family relationships:

  • Marriage to a U.S. citizen or lawful permanent resident
  • Sponsorship by an eligible family member through a family-based petition

Investment-Based Option

  • EB-5 Investor Program
    Students may qualify by investing:
    • $800,000 in a targeted employment area, or
    • $1,050,000 in other qualifying investments
      The investment must create at least 10 permanent U.S. jobs.

Under EB-5, concurrent filing may be available, allowing students to file both the immigrant petition and adjustment of status at the same time.

Transitioning Through Temporary Status

Many students move through temporary stages before applying for a green card:

  • Optional Practical Training (OPT) or STEM OPT for post-graduation employment
  • Transition to a dual-intent visa, such as H-1B, while an employment-based green card application proceeds

Typical Timelines or Outcomes

Timelines vary depending on the pathway and individual circumstances:

  • Premium processing: Certain applications may be processed within 15 calendar days for a fee of $2,805
  • EB-1 extraordinary ability: Approximately 20–22 months
  • Family-based (spouse of U.S. citizen): Approximately 8–69 months
  • EB-5 investor: Work authorization may be issued in about 90 days, with green cards sometimes issued within 12 months
  • Backlogs: EB-3 categories often have the longest wait times

While adjustment of status is pending, applicants may receive:

  • Employment Authorization Document (EAD)
  • Advance Parole for travel

Important Limitations, Risks, or Misunderstandings

Several legal constraints apply:

  • Immigrant intent: Entering the U.S. on an F-1 visa with a hidden intent to immigrate may be considered fraud
  • 90-day rule: Applying for a green card shortly after entry may trigger scrutiny for misrepresentation
  • Status violations: Unauthorized work or overstaying F-1 status can result in denial or reentry bars
  • Conditional residence: Green cards obtained through recent marriage or EB-5 investment are conditional and require later review
  • Maintenance of status: Unless an adjustment application is pending, students must maintain valid F-1 status

Immigration Rules Vary by Individual Circumstances

Whether a student can obtain a green card while studying depends on factors such as:

  • Eligibility under a qualifying category
  • Compliance with F-1 status requirements
  • Timing of applications
  • Country of birth and visa availability

As a result, outcomes can differ significantly between individuals.

Key Takeaways

  • Yes, a student may apply for a green card while studying if eligible
  • The F-1 visa is temporary and does not itself lead to permanent residence
  • Common pathways include employment-based, family-based, and investment categories
  • Adjustment of status allows eligible students to apply without leaving the U.S.
  • Violations of student status or misrepresentation can jeopardize eligibility

Final Thoughts

Obtaining a green card while studying in the United States is legally possible, but it requires qualifying under a specific immigration category and following established procedures. Studying alone does not create permanent residence, and each pathway involves its own eligibility rules, timelines, and risks.

This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws and policies may change and can apply differently depending on individual circumstances.