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Adjusting Status Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

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  • Adjusting Status Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

    I filled for my brother I-485 in 2007 and the case has been stuck in national visa center ever since. I have paid for, the visa and provided all the affidavit of support required. Recently the Biden administration started the humanitarian program for Haitians, Nicaraguans and Venezuelans. I applied for the I-134A and received a confirmation and travel authorization.My brother is currently in the US and working. My question is since I have already applied for the I-485 form to adjust status, how will I be able to adjust my brothers status here in the United states. Any help would be highly appreciated. ​

  • #2
    I don't think you filed I-485 in 2007 -- I-485 is the form for Adjustment of Status, the process for getting a green card from within the US, and can only be filed when a visa number is available, which is about 15 years after your I-130 was filed. Adjustment of Status does not involve any visas. I think you mean you filed I-130 in 2007, and your brother was going through Consular Processing for an immigrant visa. Since your brother is in the US and in parolee status, he can file I-485 if a visa number is available for his category, priority date (I-130 filing date), and country of birth according to this chart.
    Last edited by newacct; 07-27-2023, 12:52 PM.

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

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    • #3
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      Last edited by MichaelCobb; 08-31-2023, 04:10 AM.

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