I-485 Concurrent Filing with I-130 for brother of US citizen

(Sagar K) #1

Hi Anil
My sibling is US Citizen. I have H1B Visa and live in US, also got I140. Can my brother apply I 130 Concurrent Filing I485 for me? Please suggest.

(Anil Gupta) #2

Unfortunately, the answer is NO.
Since, a brother of US citizen is NOT considered an immediate family member, you have to wait for your priority date to be current to file I-485.

First, you brother needs to file I-130 and secure a priority date for you and then wait for your date to get current in Visa Bulletin.

I assume you are from India. If yes, then you have a Loooong wait there too.
In Dec 2018 visa bulletin, the Indian family (F4 - your case) current priority date is 8 Jun 2004.

So, you are pretty much in the same boat as your H1B!
There is no harm in applying for I-130 though as it gives you an extra option to be in the GC race.