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Can the spouse maintain a student visa after receiving the Green Card?

The spouse who obtains a Green Card via EB-3 should not maintain the student visa, as these are incompatible immigration statuses; studies can be undertaken as a permanent resident.

Written by

Victoria Harper

Editor-in-Chief

Updated on January 6, 2025
2 min read
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Let’s begin by clarifying that the Green Card makes its holder a permanent resident of the United States, which completely changes the nature of the immigration status.

In the case of the spouse who received the Green Card through the EB-3 visa, he or she does not need, nor should, maintain the student visa status (F-1), since these are incompatible immigration regimes.

While the student visa is intended for non-immigrants with temporary study purposes, the permanent resident has the intention to reside and build their life in the country continuously.

After obtaining the Green Card, the spouse automatically acquires all the rights and responsibilities associated with permanent residency, such as access to services and opportunities that are not linked to a non-immigrant visa.

If, by chance, this spouse chooses to pursue studies, he or she may do so as a permanent resident, without the need to maintain a specific student visa.

It is worth noting that each category has its own criteria, and trying to maintain both statuses simultaneously can cause complications, since the purpose of the F-1 visa is temporary and does not recognize immigrant intent.

It is essential to follow United States immigration laws. Always seek information from official sources and consult specialized professionals to avoid traps, scams, or unfounded promises of guaranteed results.

Staying well informed and acting in accordance with the law is the best path for a smooth transition in your immigration situation.

Learn more about EB-3 Visa

Category
EB-3 Green Card (3rd priority)
PERM
Required
Requirement
Skilled worker
Processing
1-10 years
All about EB-3 Visa
Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

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Can the spouse maintain a student visa after receiving the Green Card?

The spouse who obtains a Green Card via EB-3 should not maintain the student visa, as these are incompatible immigration statuses; studies can be undertaken as a permanent resident.

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