In the long journey of pursuing a U.S. green card, in order to reunite with their families and loved ones, many people choose the immigration route based on sibling relationships. However, once the I-130 petition is filed, the next options and steps need to be carefully considered. For the sibling (F4) category, it is important to note when an applicant should choose to file an I-485 in the U.S. for adjustment of status.
There are many categories of family-based immigrants in the U.S., but not all petitions can be filed in the U.S. immediately after filing the I-485 for adjustment of status. For priority classes (currently including F1, F2A, F2B, F3, F4, etc.), if you want to file your I-485, you must wait for the "Admission Ticket" on the Bulletin Schedule!
Regarding the schedule, it involves the distinction between Form A and Form B, which may be difficult for some friends to understand. This has also led to some applicants filing immigration petitions for their families without being familiar with the priority date, waiting for years to no avail. Therefore, here, we will take Tom as an example and explain in detail when you can choose to adjust your status in the United States.
Xiao Ming's brother, a U.S. citizen, filed an F4 family petition in March 2010 for Xiao Ming's family (F4 Chinese applicants can bring their spouses and age-eligible children). On the I-130 petition, the priority date was 03 17 2010, and the case was approved in 2012 and then transferred to the NVC, but there has been no progress since then.
If you want to adjust status in the U.S., you first need to check the current month's bulletin** published on the USCIS website to determine whether the Form A or Form B (currently Form B) is the basis for filing the I-485. In Tom's case, for example, the current F4 category in Form B is scheduled for March 1, 2008, and only after the schedule is advanced to March 17, 2010 can Tom start the NVC phase. Therefore, for now, Xiao Ming can only wait patiently.
In addition, if one of the following conditions is met, Tom may consider filing an I-485 in the U.S. for adjustment of status
Tom holds a valid 10-year U.S. tourist visa that is still valid for a long time. When the F4 priority date moves forward to March 17, 2010, Tom can file an I-485 in the U.S. and wait for his green card to be processed in the U.S.
Although Xiao Ming does not currently have a U.S. visa, he has a good personal travel record and a wealthy family asset. Ming can try to apply for a U.S. tourist visa, which is usually valid for 10 years, and file an I-485 in the U.S. after the scheduled date of Form B.
However, it should be noted that if you do not file an I-131 petition to obtain a short-term authorization to leave the U.S., or leave the U.S. without obtaining an I-131 approval, your I-485 will automatically expire and there is a risk of overstaying.
If Tom does not have a valid U.S. visa and cannot obtain it, he can only wait patiently for the priority to advance. Once the schedule of Table B arrives, be sure to log in to the NVC system in time to view it and contact the NVC. Otherwise, the NVC could cancel the case and wait for years to come to naught.