Legal Question in Immigration Law in California

Hello, need some advice on family based GC for US..
I'm in the US for 3 yrs now on H1B visa, and am planning to file Family based GC through my BROTHER, who is a citizen.
Does it make sense to file I-485 (Adjustment of status) along with the original application ? (considering the costs & the fact that this process might take fairly long since i.e. 4th preference in family based GC categories).
Pls. let me know the pros & cons.
thanks!

Asked on 1/13/16, 12:24 pm

3 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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You absolutely cannot file form I-485 until your priority date is current. There is no "pro" to filing now if you are not current. It is simply not permitted.

If you want to see if your priority date is current, check the U.S. Department of State visa bulletin monthly.

Answered on 1/13/16, 12:26 pm

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Andrew Harrell W. Andrew Harrell, Attorney at Law

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Marlene is correct. You need to have a visa currently available. Assuming you aren't from Mexico or the Philipines, it's a 13 year wait, with a 23 wait for those from the Philipines and 19 years for Mexico. An I-485 and supporting documentation, e.g., a physical, would be obviously out of date.

Answered on 1/13/16, 12:41 pm

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