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An adjustment of Status( I-485) on a B2 visa

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  • An adjustment of Status( I-485) on a B2 visa

    Hello Members,
    I became a US citizen in 2021.I want to apply green card for my brother. He is visiting the United States with a B2 visa. I want to file Form I-130 and I-485 together for an Adjustment of Status for him while he is in the United States. How long does it take? Can he visit China during the process stage? Thank you for your time.

  • #2
    I-130 and I-485 can't be filed together because a visa number is not immediately available for that category. A sibling of a US citizen is in the F4 category. According to the latest visa bulletin https://www.immihelp.com/april-2022-visa-bulletin/, visa numbers are currently only available for F4 petitions filed 15+ years ago for people born in most countries (or even longer ago for people born in India, Mexico, or the Philippines). So he can expect to wait that many years after the I-130 is filed before he can either do Adjustment of Status (I-485) in the US, if he is in the US and in status at that time, or do Consular Processing at a US consulate abroad for an immigrant visa. It is unlikely that he will happen to be in the US and in status at that time 15 or so years later, so he will most likely be doing Consular Processing at that time.

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

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    • #3
      Thank you for your insight.

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