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Green Card for my Siblings from Brazil

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  • Green Card for my Siblings from Brazil

    Hello, I am a US Citizen and would like to apply for a Green card for my siblings who live in Brazil. My question is: can I file forms i-130 and i-485 concurrently or do I have to first apply for i-130 wait for approval and then apply for 1-485?
    I know through marriage you can file concurrently just not sure if the process would be different for siblings since it has a low priority in the list.
    Any help will be greatly appreciated.
    ​Thanks,
    Pedro

  • #2
    You need to file I-130 first, and then wait for a visa number to become available, before you can proceed to the next step. I-130 approval by itself does not allow you to go to the next step. Siblings are in the F4 category. According to the latest , visa numbers are only currently available for F4 category, for people born outside of India, Mexico, or the Philippines, for I-130 petitions filed more than 16 years ago. You should expect to wait at least that long after the I-130 is filed before a visa number becomes available. Only when a visa number becomes available (or becomes close to available in some cases), can the beneficiary do either Adjustment of Status (I-485) inside the US, if they are in the US and in status at that time, or do Consular Processing at a US consulate abroad for an immigrant visa. Most likely, they will not happen to be in the US 16+ years from now, and they cannot enter the US on most types of nonimmigrant visas with preconceived intent to file Adjustment of Status during that stay. So most likely they will be doing Consular Processing abroad, and that process will not involve I-485.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you so much, newacct.

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      • #4
        I applied F4 category in 2010, but it had progressed 3 to 4 yrs only (The last 13 yrs of a wait). Because of Covid, it has been retrograded multiple times, I guess I have to wait for another 10 to 15 yrs or even more.

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        • #5
          I am new to this forum and found the answers here helpful as I have a similar case. Is there any online link or guide that describes the stages of the application. No intention to hijack OP' post.

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