Question regarding I-130/I485 concurrent filing

[Jerry2000]

Hi,

I am a US citizen and I am working on preparing green card application for my brother. My understanding is that I-130/I-485 concurrent filing may have some advantage so this is probably what I am going to do. But I have a few questions regarding biometrics and medical exam.

My brother lives in China. If I file I-130/I-485 here in the US, will he take biometrics in China? Will USCIS mail the biometrics request to him or to me? Where should do medical exam?

Many thanks!

Jerry

[newacct]

No. Neither I-485 for Adjustment of Status nor an immigrant visa can be applied for until a visa number is available for his category and priority date. The F4 category (siblings) currently has a wait for visa numbers of 13+ years for people born in Mainland China. That means about 13+ years after filing of the I-130 can they proceed to the next step. If at the time a visa number becomes available so many years later, he is in the US and in status (highly unlikely), he can do Adjustment of Status. Otherwise, he will do Consular Processing for an immigrant visa.

[Jerry2000]

Thanks! This is good to know... So just I-130 this time.

One more question, for his wife, shall we wait after his I-130 is approved and then add her when filing I-485?

Jerry

[newacct]

First of all, the I-130 being approved is not what they are waiting for -- they are waiting for a visa number to become available. The I-130 petition may be approved in a few years, but they still cannot do anything until a visa number becomes available, which currently is 13+ years.

Second, they will almost certainly not file I-485. I-485 is to apply for Adjustment of Status, the process of getting permanent residency in the US, which requires that they be in the US and in status at the time of application. 13+ years from now, they are almost certainly not going to happen to be in the US and in status, because, for one thing, they will likely be denied a visa or denied entry with a visitor visa or most other types of nonimmigrant visas, if they intend to do Adjustment of Status while there.

What will most likely happen is that they will go through Consular Processing in China, which means (when a visa number is close to being available) NVC and the US consulate in China will ask them for documents and schedule an interview for an immigrant visa in China. During this process his wife and minor children at that time will be able to be added to the case and be able to immigrate together.