I am currently in the U.S. in H1B status. Can I file an I-485 if my U.S. citizen sibling sponsors me for a green card?

Answer

USC siblings can file I-130 petitions in the family-based, 4th preference category. The I-485 cannot be filed concurrently with these cases, as the priority dates are backlogged for many years. The I-485 must wait until the particular case’s priority date is current; for FB4, that is a very long wait (maybe 15 years or more). (23.Mar.2015)

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