Many people want to bring their relatives to the U.S. but do not know where to begin. A family immigration lawyer in Tennessee can help you understand your options, prepare applications, and guide you through the application process.
At Nación del Inmigrante, we help families build safe, stable futures. Many clients come to us during one of the most stressful moments of their lives. We help them understand their rights, complete immigration applications with care, and make informed decisions.
What Is Family-Based Immigration?
Family-based immigrant visas allow U.S. citizens and lawful permanent residents (LPRs) to sponsor certain relatives for permanent residence in the United States. The U.S. citizen or LPR family member is the “petitioner,” and the relative pursuing the green card is the “beneficiary.” The government categorizes family-based green cards into two categories: immediate relatives and family preference applications.
Immediate Relative Immigrant Visas
Only U.S. citizens can sponsor relatives for immediate relative visas. U.S. citizens can sponsor their:
- Spouses,
- Unmarried children (under age 21), and
- Parents (if the sponsor is at least 21 years old).
The government does not limit how many immediate relative visas it issues each year.
Family Preference Immigrant Visas
U.S. citizens and LPRs can also sponsor certain relatives for family preference visas. Family preference visas include:
- F1—unmarried children (age 21 or older) of U.S citizens;
- F2A—spouses and unmarried children (age 21 or under) of LPRs;
- F2B—unmarried children (21 or older) of LPRs;
- F3—married children of U.S. citizens; and
- F4—siblings of U.S. citizens who are at least 21.
Immigration law limits how many family preference visas the government issues each year.
How Does the Family-Based Green Card Application Process Work?
Both immediate relative and family preference visas begin with the sponsor submitting the Petition for Alien Relative. This petition allows the petitioner to establish that they have a qualifying family relationship with the beneficiary. In other words, you use this petition to prove that you are spouses, a parent and child, or siblings. When USCIS receives the petition, it assigns a “priority date” to the application.
In coordination with the Petition for Alien Relative, the beneficiary applies for a green card. They apply for a green card once an immigrant visa is “available.”
Immediate relative visas are always available. In other words, the sponsor can submit the petition, and the beneficiary can apply for a green card at the same time. Family preference applicants determine when a visa is available based on their priority date.
Visa Availability and Priority Dates
The United States Department of State publishes a monthly chart called the Visa Bulletin, which families use to track visa availability. The Visa Bulletin includes two charts:
- Final Action Dates—reports the filing date of applications that the government has just approved; and
- Dates for Filing—shows when the government is ready to receive an applicant’s green card application.
The Visa Bulletin also separates applicants by country. Applicants from countries with historically high immigration rates, such as Mexico, India, China, and the Philippines, often face backlogs.
Submitting the Green Card Application (Adjustment of Status or Consular Processing)
Beyond the Petition for Alien Relative, the application process varies depending on whether the beneficiary resides within or outside the U.S. To complete the green card application process, the beneficiary can either adjust their status by applying for a green card through USCIS or undergo consular processing at their chosen U.S. consulate or embassy abroad.
Green card applications require the beneficiary to:
- Complete a medical exam;
- Provide civil documents such as birth certificates, marriage certificates, and police records;
- Complete an Affidavit of Support; and
- Provide biometrics (fingerprints and a photograph).
Through an Affidavit of Support, the petitioner promises to support the beneficiary financially when they come to the U.S. By signing it, the petitioner confirms their financial responsibility and demonstrates that the beneficiary will not rely on certain government benefits.
If the petitioner does not have enough income or assets to support the beneficiary alone, they can use a joint sponsor to supplement their affidavit. A Tennessee family immigration attorney can help you understand what you need to provide and whether a joint sponsor may be necessary.
Biometrics and Interview
Applicants attend a biometrics appointment, where they provide fingerprints and a photograph for the purpose of a background check. Most applicants also attend an interview at a local USCIS office in the U.S. or a consular office abroad.
Becoming a Lawful Permanent Resident
If the government approves the application, the beneficiary becomes a lawful permanent resident of the United States. Adjustment of status applicants receive a green card in the mail. Consular applicants receive an immigrant visa and become permanent residents when they enter the United States.
How a Family Immigration Lawyer Helps Clients
Immigration rules inspire frequent confusion, but a family immigration lawyer in Tennessee can help by:
- Evaluating whether you qualify for a family-based green card;
- Preparing and filing legal documents like the Petition for Alien Relative;
- Tracking Visa Bulletin movement and explaining how priority dates affect next steps; and
- Responding to USCIS or National Visa Center requests and monitoring deadlines.
Applicants also sometimes qualify for temporary benefits during the green card process. For example, an applicant who files for adjustment of status may be eligible for temporary work authorization. A Tennessee family immigration attorney can help you understand which options are available to you.
Frequently Asked Questions
Who Can I Sponsor for a Green Card Through Family Immigration?
U.S. citizens can sponsor a spouse, unmarried child under 21, unmarried son or daughter who is 21 or older, married son or daughter, or sibling (if the citizen is at least 21). Lawful permanent residents can sponsor a spouse, an unmarried child under 21, or an unmarried son or daughter who is 21 or older.
How Long Does It Take to Bring a Spouse or Child to the United States?
The timeline depends on the visa category and the beneficiary’s country of origin. Spouses and unmarried children under 21 of U.S. citizens usually fall into the immediate relative category, which greatly reduces waiting time. Spouses and children of lawful permanent residents, as well as older children of U.S. citizens, fall into family preference categories that may involve longer backlogs.
Can I Apply for a Marriage-Based Green Card If My Spouse Is Undocumented?
If you are a U.S. citizen or LPR, you can typically sponsor your undocumented spouse for a marriage-based green card. However, they may have to leave the country before they become eligible for a green card if they entered the country without permission.
Do I Need a Joint Sponsor If I Do Not Meet the Income Requirements?
You do not necessarily need a joint sponsor if you do not meet the income requirements of the Affidavit of Support. However, a joint sponsor may strengthen your case and make approval more likely.
What Is the Difference Between Adjustment of Status and Consular Processing?
Applying for a green card from inside the U.S. is an adjustment of status. Consular processing is applying for a green card from outside the U.S.
How Nación del Inmigrante Supports Families
At Nación del Inmigrante, we focus on helping immigrants understand complex rules and make informed choices. We proudly serve families across Tennessee with compassion, accessibility, and honesty. We offer flexible scheduling and payment plan options for clients facing financial hardship.
If you need help with family-based immigration, we can guide you through each step of the process. Contact Nación del Inmigrante today to speak with a family immigration lawyer in Tennessee.