My Dad Got Green Card, I'm His Son Studying in the US

[Nhill]

Greetings,

Hope this post will find you all in a good time. My dad received his GC (which he got via the dv lottery) couple days ago. Now we want to start the process for me. I’m his son, I’m over 21 and am unmarried so I will go into the queue with Second Preference (2B) status, but I’m currently in USA with an F1 student visa (in OPT status to be exact). So far I learned from my research that he needs to fill the form i-130 (Petition for Alien Relative) and pay a $535 fee and since I’m already in the U.S. I need to fill the form i-485 (Application to Register Permanent Residence or Adjust Status) and pay a $1,140.

What I don’t understand is why do I need to apply for it too? If I wouldn’t have been here I wouldn’t have to pay that fee. This made me think that maybe they will issue a GC for me without putting me into the 5-6 years queue. I couldn’t find anything related to this on the internet so far. Do you think (or does anyone know if) they will process my file immediately after I submit it? If not, what is the purpose of this form and why is it putting me in a worse spot than someone residing outside the US?

Thanks!

[newacct]

Only the I-130 petition can be filed at this point. You can't file I-485 to apply for Adjustment of Status, nor can you go through Consular Processing abroad, until a visa number is available for your category and priority date. The wait in the F2B category is currently around 6.5 years. So around that many years after the filing of I-130, can you either do Adjustment of Status in the US (if you are in status in the US at the time) or do Consular Processing abroad (otherwise). That you are currently in the US is not relevant.

[Nhill]

Only the I-130 petition can be filed at this point. You can't file I-485 to apply for Adjustment of Status, nor can you go through Consular Processing abroad, until a visa number is available for your category and priority date. The wait in the F2B category is currently around 6.5 years. So around that many years after the filing of I-130, can you either do Adjustment of Status in the US (if you are in status in the US at the time) or do Consular Processing abroad (otherwise). That you are currently in the US is not relevant.

I-130's instrction says

If the beneficiary resides in the United States and is filing Form I-485, Application to Register Permanent Residence or Adjust Status along with Form I-130, submit both forms with the fee in the same envelope to the USCIS Chicago Lockbox facility

But what you are saying is, my dad should fill the I-130 and in 6 years I will fill the I-485 which doesn't make sense considering the sentence above that tells me to submit both forms with the fee.

I'm confused..

[newacct]

I-130's instrction says



But what you are saying is, my dad should fill the I-130 and in 6 years I will fill the I-485 which doesn't make sense considering the sentence above that tells me to submit both forms with the fee.

I'm confused..

They said "if" you are filing I-485 with I-130, then do this. But you are not filing I-485 with I-130, because you are not eligible to file I-485. Some people are eligible to file I-485 with I-130, and if they choose to file them together, then they would send them to the Chicago Lockbox. But that doesn't apply to you because you are not eligible to file I-485.

[scientist2016]

Refer to the latest visa bulletin for the relevant priority dates i.e., I130 approval date of people who can file I485 right now. Then you will understand what newacct said above. Only people whose I130 approval date is around 2010 or before able to do it now.