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Secure Your Future in the U.S.

If one of your family members is already a U.S. citizen or a Green Card holder, or you are engaged to be married to someone with that status, they can petition on your behalf for a Green Card, a fiancé(e) visa, also known as the K-1 visa; a K-3 or K-4 visa; or a family preference visa, also know as the F1, F2, F3, or F4 visas.

Understanding Family Preference Visas in Charleston

Family members who are not the spouse, minor child, or parent of a US citizen may be eligible to apply for lawful permanent resident status, or a Green Card, in the US if they fall in the family preference categories. These visas are only available for specific, extended family members of US citizens and lawful permanent residents.

Below are the family preference categories:

First preference (F1): Unmarried sons and daughters (21 years of age and older) of US citizens
Second preference (F2A): Spouses and children (unmarried and under 21 years of age) of lawful permanent residents
Second preference (F2B): Unmarried sons and daughters (21 years of age and older) of lawful permanent residents
Third preference (F3): Married sons and daughters of US citizens
Fourth preference (F4): Brothers and sisters of US citizens (if the US citizen is 21 years old or older)

For help with a fiancé visa or another family-based immigration matter, contact Maghzi Law Firm PLLC online or call (843) 800-2750. Our immigration lawyer serves clients in North Charleston, Charleston, and beyond -- contact us today! We speak English, Spanish, Portuguese, and Farsi.

Eligibility for Green Card via Family Preference in the U.S.

Individuals who are currently in the US and have been inspected and admitted or inspected and paroled by an immigration officer must also meet the following eligibility criteria for a Green Card as a family preference immigrant:

You properly file Form I-485, Application to Register Permanent Residence or Adjust Status
You were inspected and admitted or inspected and paroled into the United States
You are physically present in the United States at the time you file your Form I-485
You are eligible to receive an immigrant visa
An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time we make a final decision on your application
The relationship to the family member who filed Form I-130, Petition for Alien Relative for you still exists
None of the applicable bars to adjustment of status apply to you
You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility, or another form of relief
The positive factors in your case outweigh the negative factors

If you meet these eligibility requirements along with other criteria that your lawyer will explain and you are currently present in the United States, you may immediately obtain a family preference immigration visa. Thus, you must file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the US.

Steps To File Form I-485

If a visa is available, you may file your Form I-485 as such:

Together with Form I-130, Petition for Alien Relative, which was filed on your behalf
While the Form I-130 is pending
After your Form I-130 is approved, as long as it has not been terminated or revoked

Commonly Asked Questions

Can I apply for a Green Card through marriage immigration in Charleston, SC?

Yes, if you are married to a U.S. citizen or a Green Card holder, you may be eligible to apply for a Green Card through marriage immigration in Charleston, SC.

What is the difference between a fiancé(e) visa and a family preference visa?

A fiancé(e) visa, such as the K-1 visa, is for individuals engaged to U.S. citizens, while family preference visas are for specific family members of U.S. citizens and lawful permanent residents.

Can I file for a Green Card without leaving the U.S.?

If you meet the eligibility requirements and are present in the United States, you may file for a Green Card through family preference immigration without leaving the U.S.

What is Form I-485 and when should it be filed?

Form I-485, Application to Register Permanent Residence or Adjust Status, should be filed to apply for a Green Card through family preference immigration when all eligibility criteria are met.

Are there specific categories under family preference visas?

Yes, family preference visas include categories such as F1, F2A, F2B, F3, and F4, each catering to different family relationships with U.S. citizens or lawful permanent residents.

What is a Fiancé(e) Visa?

As the name suggests, a fiancé(e) visa, also known as a K-1 visa, permits the fiancé(e) of the U.S. citizen to travel to the U.S. and marry their citizen sponsor within 90 days of arrival. Afterwards, the foreign citizen should then apply for an adjustment of status to a permanent resident with the Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS). It is also necessary to meet some additional requirements of an immigrant visa in order to carry out this process. At Maghzi Law Firm LLC, can walk you through the requirements of this process to ensure that all the necessary steps are made.

About The K-3 Nonimmigrant Visa

A K-3 visa, on the other hand, is a nonimmigrant visa for the foreign citizen spouse of a U.S. citizen. If filed and processed, it gives the individual overseas the option to enter the United States to seek approval of the immigrant visa petition. Similar to K-1 visa recipients, K-3 visa recipients are able to adjust their status to that of a permanent resident with the Department of Homeland Security and the U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. In order to apply for a K-3 visa, one must have the petition filed by a U.S. citizen spouse and meet additional requirements of an immigrant visa. At Maghzi Law Firm LLC, we can walk you through the requirements of this process as well, and ensure that the necessary steps are made.

Sponsoring Through K-4 Visa

A K-4 visa works quite similarly. It is called a “child of spouse” non-immigrant visa, and it involves sponsoring a foreign spouse’s children to come to the U.S. In order to qualify for this visa, the child must be unmarried, under the age of 21, and the child of a K-3 visa applicant. K-4 applicants must undergo a variety of other proceedings to ensure they meet specific requirements. These proceedings can include a medical exam and a consular interview. At Maghzi Law Firm LLC, we are happy to walk your family through this process so that you are aware of what to expect, helping to ensure the best outcome possible.

Striving to Unite Families

At Maghzi Law Firm LLC, we take pride in uniting families through immigration law. Ameneh Maghzi is experienced in family immigration law and will help decide the best route for you and your family. We understand that each family situation is unique. Our goal is to take the pressure off of your shoulders and create a process that best fits your family’s needs. Speak with our North Charleston immigration attorney today.

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If you need legal assistance advocating for a family member, call us today at (843) 800-2750 or contact us online. Our North Charleston family-based immigration attorney is ready to help.

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