Questions about filing I-130 form for green-card

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Question 1: Does the brother/sister of the petitioner (filing for form I-130) classify as an immediate relative, or do they have to wait for a visa number?

Also,

Question 2: Do the children of the brother/sister of the petitioner receive a green-card as well?
(They are under 21, living in the US with only social security and work-authorization)
(This is for the fourth preference of the form I-130 under "family")
(I already included their names on the I-130 form)

Question 3: After I file the form I-130 do I have to file the I-485 (after approval of the I-130) to receive my green-card?
(For now I just want only the green-card so I was wondering why so many people send in both at the same time?)

Thank you so much to anyone that will be willing to answer these questions. I know this is a lot, but your help would be very appreciated and I bow deeply to anyone willing to respond.
 
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1. Not immediate relative. They have to wait a long time for a visa number.
2. yes
3. No. First, you have to wait 10-12 years for your priority date to become current. Then, if they are in the U.S. and in status, they can file I-485 (adjustment of status); this is highly unlikely. If they are outside the U.S., they go through consular processing, through the U.S. consulate of where they live; you do not use I-485 in consular processing.
 
No, They wont come under classification.
You may include the children of your sister/brother,in Form I-130, Petition for Alien relative, but Visa Issuance depends on the immigration officer. You may explain to the immigration officer for the reason to get them the visa.
You can Form I-130 & Form I-485 Concurrently.

Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice.





Question 1: Does the brother/sister of the petitioner (filing for form I-130) classify as an immediate relative, or do they have to wait for a visa number?

Also,

Question 2: Do the children of the brother/sister of the petitioner receive a green-card as well?
(They are under 21, living in the US with only social security and work-authorization)
(This is for the fourth preference of the form I-130 under "family")
(I already included their names on the I-130 form)

Question 3: After I file the form I-130 do I have to file the I-485 (after approval of the I-130) to receive my green-card?
(For now I just want only the green-card so I was wondering why so many people send in both at the same time?)

Thank you so much to anyone that will be willing to answer these questions. I know this is a lot, but your help would be very appreciated and I bow deeply to anyone willing to respond.
 
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