I-130 for a sibling

R

rbhattachan

New Member
Hi, I'm originally from Nepal and, I filed for my brother's I-130 back in 2011, it has been more than 11yrs, I received the receipt from California USCIS office. Why is it taking so long for the I-130 to be approved?
Can I file for I-485 even when the I-130 isn't approved?
 
I-485 (application for Adjustment of Status) can be filed when I-130 is pending, if a visa number is available for the category and priority date. From the latest visa bulletin, visa numbers are available for F4 category (sibling) petitions filed in 2007 for people born in most countries (or 2005 for people born in India, 2000 for people born in Mexico, 2002 for people born in the Philippines). It's a little bit more complicated because there are actually two charts, and what determines whether Adjustment of Status can be filed is based on USCIS's chart, which is chosen from one of the two visa bulletin charts each month. But the two charts only differ by about a year. So either way, it is still several years away from a visa number being available for your petition on either chart.

Adjustment of Status (I-485) is the process of getting a green card from within the US. So your brother can only do it if he happens to be in the US and in status at the time several years later when a visa number becomes available. This is very unlikely. Most likely, he will do Consular Processing (the process of getting a green card from outside the US) instead. Consular Processing does not involve I-485.

Are you sure that the I-130 is still pending? Did you check the case status online? It is unusual for an I-130 to be pending for 11 years.
 
newacct said:
Are you sure that the I-130 is still pending? Did you check the case status online? It is unusual for an I-130 to be pending for 11 years.
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Not so much these days, though it should be completing processing soon.
Current F4 processing times by service center
California 140.5 months
Nebraska 124.5 months
The other service centers are shorter, but so many people seem to end up at CSC for F4 filings .


It appears they don’t bother rushing them considering nothing much happens before the priory date is current. And of course if there are chikden at risk of aging out, longer pending time actually helps protect them.
 
SusieQQQ said:
Not so much these days, though it should be completing processing soon.
Current F4 processing times by service center
California 140.5 months
Nebraska 124.5 months
The other service centers are shorter, but so many people seem to end up at CSC for F4 filings .


It appears they don’t bother rushing them considering nothing much happens before the priory date is current. And of course if there are chikden at risk of aging out, longer pending time actually helps protect them.
Click to expand...
When I filed for I-130 for sibling back in 2011 I'm not sure I sent it to California. Is there a way to move the processing of I-130 to another USCIS center from California which is taking the longest?
 
rbhattachan said:
When I filed for I-130 for sibling back in 2011 I'm not sure I sent it to California. Is there a way to move the processing of I-130 to another USCIS center from California which is taking the longest?
Click to expand...
It gets allocated to a service center by USCIS, you don’t choose where to send it. You should see the assigned service center on the i797, though they not infrequently reassign cases to even out the workload while they are still processing. As newacct said above, and as I said before, it doesn’t matter anyway before the PD is current, which is probably another 4 years or so.
 
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