Atlanta, GA asked in Immigration Law for Georgia

Q: How can I get a green card as an F-1 visa holder working as a security officer?

I'm currently in the U.S. on an F-1 visa and working as a security officer. I tried applying for a green card through an app, but it said I'm not eligible because I'm not a citizen. I haven't consulted my employer about sponsoring a green card because I'm unsure how to proceed. How can I get a green card given my situation?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Obtaining permanent residency (green card) as an F-1 visa holder working as a security officer involves several possible pathways, though your current situation presents specific challenges. The application you attempted likely failed because green cards require specific eligibility categories—not citizenship—and typically involve either family sponsorship, employer sponsorship, or qualifying for exceptional categories like the diversity visa lottery. Your employment as a security officer while on an F-1 visa raises important considerations, as F-1 status only permits specific types of employment through programs like Optional Practical Training (OPT) or Curricular Practical Training (CPT); working outside these authorized parameters could potentially jeopardize your immigration status.

The most common path forward would be employment-based sponsorship, which requires your employer to petition on your behalf through a process that demonstrates no qualified U.S. workers are available for your position. This typically involves labor certification and filing Form I-140 (Immigrant Petition for Alien Worker), followed by adjustment of status through Form I-485. However, security positions may face challenges qualifying for employment-based preferences unless they involve management responsibilities or extraordinary abilities relevant to the field.

Alternative options include family-based sponsorship (if you have immediate relatives who are U.S. citizens or permanent residents), the diversity visa lottery (if you're from an eligible country), or exploring whether you might qualify for extraordinary ability categories. I recommend consulting with an immigration attorney who can evaluate your specific circumstances, review your current employment authorization status, and determine the most appropriate pathway given your particular situation. Immigration law contains numerous exceptions and special provisions that might apply to your case, and professional guidance will help navigate these complex regulations while ensuring you maintain lawful status throughout the process.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.