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I-130 for mother and including my brother

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  • I-130 for mother and including my brother

    Hi,
    I am planning to file I-130 for my mother. I am not sure what are the steps there.
    Initial approval of the application.
    Then a visa should be available ,since it is for mother, i believe the preference is more.
    Now once the visa is available while the application is getting processed,can she include my unmarried brother as a dependent. Is that possible? I mean will she go thru the I485?
    If that is done, will my brother also get the green card at the same time.?

    Can someone please let meknow
    Thanks,Lakshmi.
    US Citizen.

  • #2
    If your mother is in her home country:
    After I-130 is approved then you can start I-485 consular processing

    If your mother is here in the U.S.:
    File I-130 and I-485 concurrently Adjusting her status.

    Your mother will not be able to bring your brother as dependent and he will not be able to get green card at the same time.
    Last edited by bkwld; 04-27-2010, 03:00 PM.

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    • #3
      but when we file 485, usually we can add dependents right? Like bringing a spouse etc.. Similarly my mother when filing for 485 can add her son as a dependent. sorry if i am confusing.
      US Citizen.

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      • #4
        You have to know that each person has to file I-485 as individual.
        Your mother, on I-485 will list her children and spouse including yourself on the form but will need to check "No" on "filing with you" section because your brother does not have priority date current when your mother's date is current. Each person need to qualify on their own to file I-485.

        Regarding spouses, your father for instances, will file a separate I-485 from your mother however, will check "Yes" "filing with you"
        section as a family because your father will have immediate visa available to him just like your mother and is filing at the same time if that is the case.
        Last edited by bkwld; 04-27-2010, 03:05 PM.

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        • #5
          Read 'Parents' section at https://www.immihelp.com/immediate-r...sed-greencard/
          Immihelp Support
          No legal advice. Use at your own risk.

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