Charleston Marriage Immigration Attorney 

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