QUESTION

Can I apply for a green card without being sponsored?

Asked on Aug 21st, 2017 on Immigration - Indiana
More details to this question:
I recently got my PhD from a university in the US and is starting my OPT soon. Will I be able to apply for a green card without having an employer to sponsor me?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Other than the family based cases, asylum, visa lottery, and EB-5 immigrant investor, I assume that your question is more attuned to whether you can self-sponsor yourself through employment. Presently individuals are able to do so only if they are extraordinary in the field of endeavor or their immigration would advance the national interest. It is good to have a PhD, but under present law, it would not entitle you to an automatic green card. I do note that the Trump administration is attempting to change the immigration system to allow educated individuals like you to self-sponsor upon the attainment of 30 points. Whether the legislation entitled the RAISE Act will be enacted is questionable as it has unfavorable aspects to Democrats and other immigration proponents. But we will be keeping our eyes on it the same as you, I imagine. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Sep 17th, 2017 at 6:26 PM

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