What Documents Do I Need to Petition a Family Member in Phoenix?

United States Citizenship and Immigration Services (USCIS) often approves Form I-130 if a person can establish a relationship between them and their relative that qualifies them to immigrate to the United States. After a petition is approved, a relative can apply to become an LPR (get a Green Card), and if a relative is already in the United States and a visa is available, they can be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Form I-130 Processing Times

The amount of time to process a Form I-130 depends on the category of your form and the service center that is handling the form. When it comes to permanent residents filing for spouses or children under 21 years of age, United States Citizenship and Immigration Services (USCIS) reports the following processing times:

• California Service Center — 25.5 months
• Nebraska Service Center — 10.5 months
• Potomac Service Center — 29 months
• Texas Service Center — 20 months
• Vermont Service Center — 20 months

For United States citizens filing for spouses, parents, or children under 21 years of age, USCIS reports the following processing times:

• California Service Center — 10.5 months
• Nebraska Service Center — 10.5 months
• Potomac Service Center — 12 months
• Texas Service Center — 11.5 months
• Vermont Service Center — 16 months

For United States citizens filing for unmarried sons or daughters who are 21 years of age or older, USCIS reports the following processing times:

• California Service Center — 69 months
• Nebraska Service Center — 8 months
• Potomac Service Center — 29 months
• Texas Service Center — 32 months
• Vermont Service Center — 59.5 months

For permanent residents filing for unmarried sons or daughters who are 21 years of age or older, USCIS reports the following processing times:

• California Service Center — 64.5 months
• Nebraska Service Center — 52.5 months
• Potomac Service Center — 29 months
• Texas Service Center — 32 months
• Vermont Service Center — 55.5 months

For United States citizens filing for married sons or daughters, USCIS reports the following processing times:

• California Service Center — 117 months
• Nebraska Service Center — 104 months
• Potomac Service Center — 29 months
• Texas Service Center — 32 months
• Vermont Service Center — 59.5 months

For United States citizens filing for brothers or sisters, USCIS reports the following processing times:

• California Service Center — 140.5 months
• Nebraska Service Center — 124.5 months
• Potomac Service Center — 29 months
• Texas Service Center — 32 months
• Vermont Service Center — 99 months

Form I-130 Eligibility in Phoenix

A person who is a United States citizen has to file a separate Form I-130 for each eligible relative. They can file Form I-130 for a spouse, unmarried child under 21 years of age, married sons or daughters who are of any age, unmarried sons or daughters who are 21 years of age or older, brothers or sisters when people are 21 years of age or older, and mothers or fathers when people are 21 years of age or older.

If a person is an LPR in the United States, they have to file a separate Form I-130 for each eligible relative. They can file a Form I-130 for a spouse, an unmarried child under 21 years of age, and an unmarried son or daughter who is 21 years of age or older.

If a person is filing for their spouse, they must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If a spouse is overseas, Form I-130A still must be completed, but the spouse does not have to sign Form I-130A and they will submit Form I-130A with Form I-130.

No visa category exists for married children of LPRs. If a person is an LPR and files Form I-130 for an unmarried son or daughter, but marries before immigrating to the United States or adjusting status to LPR, USCIS can deny or automatically revoke the petition.

Non-citizen United States nationals have the same rights as LPRs to petition for family members in Arizona. If a person is a United States national born in American Samoa or Swains Island, they should indicate on the petition that they are an LPR, and they will not need to list

an Alien Registration Number (A-Number) on the petition.

A person cannot file a Form I-130 for a person in any of the following categories:

• An adoptive parent or adopted child when an adoption takes place after a child turns 16 years of age or if a child has not been in legal custody and has not lived with the parents for a minimum of two years before filing the petition
• A natural parent, if a person gained LPR status or United States citizenship through adoption or as a special immigrant juvenile
• A stepparent or stepchild when a marriage that created relationship took place after a child turns 18 years of age
• A spouse when a person and their spouse were not both physically present at the marriage ceremony unless the marriage was consummated
• A spouse, if a person gained LPR status through a prior marriage to a United States citizen or LPR unless the person is now a naturalized United States citizen, they have been an LPR for a minimum of five years, they are able to establish by clear and convincing evidence that they did not enter the previous marriage through which they gained LPR status in order to evade any United States immigration law, or their prior marriage they gained their immigrant status through was terminated by the death of a former spouse.
• A spouse, when a person married the spouse while they were the subject of an exclusion, deportation, removal, or rescission proceeding regarding their right to gain admission into or remain in the United States, or while a decision in any proceeding was before any court on judicial review. However, a person could be eligible for the bona fide marriage exemption under Immigration and Nationality Act (INA) § 245(e)(3) if they request a bona fide marriage exemption in writing and prove through clear and convincing evidence that their marriage is legally valid where it took place. You married in good faith and not for the purpose of obtaining LPR status for your spouse and no fee or any other consideration (other than attorney fees) was given to them for your filing of the petition. The request has to be submitted with Form I-130, or a spouse has lived outside the United States, following the marriage, for a period of at least two years
• Any person, if USCIS determines that they entered into or attempted or conspired to enter into a marriage in order to evade United States immigration laws.
• A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law

Form I-130 Application Process in Phoenix

I-130 petitions must be filed with supporting documents proving that a sponsor is allowed to file an I-130 and they have a valid family relationship with the person seeking a green card. Evidence of United States citizenship, LPR status, or United States national status includes a copy of a person’s birth certificate that is issued by a civil registrar, vital statistics office, or another kind of civil authority demonstrating you were born in the United States, a copy of a naturalization or citizenship certificate issued by either USCIS or the former Immigration and Naturalization Service (INS), Consular Report of Birth Abroad (CRBA), a copy of Form FS-240, issued by a United States Embassy or United States Consulate, a copy of a person’s unexpired United States passport, an original statement from a United States consular officer verifying a person is a United States citizen who has a valid passport, or a copy of both the front and back of a Permanent Resident Card, Green Card, or Form I-551.

Evidence of family relationships can include copies of marriage certificates or evidence a person and their spouse terminated prior marriages for spouses, a copy of a child’s birth certificate for children, a copy of a person’s own birth certificate for parents, and copies of birth certificates for a person and their sibling for brothers and sisters. Bona fides of a marriage evidence, when you are petitioning for a spouse include documentation that shows joint ownership of property, a lease that shows joint tenancy of a common residence, documentation that shows you and your spouse have combined financial resources, birth certificates of any children born to a person and their spouse together, any affidavits sworn to or affirmed by third parties who have personal knowledge of the bona fides of a marital relationship with each affidavit containing the full name and address of a person making an affidavit; the date and place of birth of the person who is making the affidavit; and complete information and details which explain how the person acquired knowledge of your marriage; as well as any other relevant documentation establishing that there is an ongoing marital union.

A person may also have to provide proof of a legal name change and two passport-style photographs when applicable. When a person is filing a Form I-130 for an adopted child, they will need to supply evidence of United States citizenship such as a copy of their birth certificate that is issued by a civil registrar, vital statistics office, or some other civil authority showing you were born in the United States, a copy of your naturalization citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS), a copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a United States Embassy or United States Consulate, a copy of your unexpired United States passport, or an original statement from a United States consular officer verifying that you are a United States citizen who has a valid passport as well as evidence of a family relationship, like a final adoption decree, evidence you have had legal custody of an adopted child for at least two years, and also evidences a person had a joint residence with an adopted child for two years.

A person can file Form I-130 either online or through the mail. When they file online, they have to create an online account with USCIS and can submit Form I-130 online even when their relative is already in the United States and plans to submit their Form I-485 by mail.

People living in the United States must confirm which address they will send their petition. Depending on the state they live in and whether or not their relative is filing Form I-485, USCIS will require them to send their form to a certain lockbox and the form will then be processed by one of the five USCIS service centers.

Call Us Today to Schedule a Free Consultation with Phoenix Immigration Attorney

If you are at your wit’s end trying to figure out how to complete a Form I-130 and earn immigration benefits for your family members in Phoenix, do not continue to get frustrated. Diamondback Legal understands how complex these cases can be and will be able to walk you through everything, so you do not have to worry about handling anything on your own.

Our firm really takes the time to get to know our clients and understand what they are dealing with so we can be as helpful as possible. You may call (602) 755-3199 or contact us online to arrange a free consultation with our Phoenix Immigration Attorney.

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