Family Preference Immigrants
Family members who are NOT the spouse, minor child, or parent of a US citizen may also be eligible to apply for lawful permanent resident status, or a Green Card, in the US. These visas are only available for specific, extended family members of US citizens and lawful permanent residents. With this in mind, you may be eligible to apply for a Green Card if you fall under one of the following family “preference immigrant” 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)
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 Relativefor 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. 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
K Visas: Eligibility & Requirements
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.
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.
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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Given the amount of skill and experience this team has, we pledge to leave no stone unturned and going above and beyond to provide the best immigration services tailored to your needs.
With a large team on hand and English, Spanish, Portuguese, and Farsi language-speaking services available, we aim to provide all the resources you need to make the immigration process easier.
As an immigrant herself, founding attorney Ameneh Maghzi understands the difficulties of immigration and she has made it her mission to make the process as smooth as possible for her clients.
With our sole focus on immigration law, our firm is well equipped to handle a wide range of immigration services.