I-130 Filing with I-485 & I-765 For Sibling

[Wordwise 0]

My brother who is a US citizen completed an I-130 on my behalf.

It was handled by a lawyer who made me complete change of status

forms I-485 and EAD forms I-765 and G-325A. I am on F-1 status.

After some months we now know that the lawyer did not send along

these forms, and he says that he is waiting for the approval for the I-130.

However I believe that these forms should have been sent together with the

I-130 for processing to enable me get the EAD whilst the I-130 goes

through the long process. The "Notice of Receipt" has been received over 6 months

ago, but still waiting for the "Notice of Approval"

Can someone who knows tell me if the I-485 and I-765 forms can be sent now or

still wait for the approval before sending them, as the lawyer says.

Thank you.

[Harpa Timsah 13,258]

No, you cannot send in the I-485 now. A I-130 filed for a sibling does not make a visa number immediately available to you, and as such you are not eligible to adjust status until a visa number is available.

For a sibling, it will take about 10 years for a visa number to be available to you (also known as "priority date current"). If you are in the US at that point, and have maintained legal presence the whole 10 years, you can file I-485. It's not only the approval you are waiting for (that will be done in a year or so), but you must wait more until your visa number is available. Immigration based on siblings is limited each year.

Any overstay you have will make you ineligible to adjust status, so you will have to leave when your F-1 via runs out, unless you get another visa.

[Boiler 46,141]

Sack the Lawyer.

[aaron2020 11,651]

You have either been scammed by the lawyer. No competent immigration lawyer would have a US citizen's sibling fill out an I-485 at the same time that the I-130 is filed. The I-485 will be denied because you will not qualify to adjust for the next 10-12 years. Report this lawyer to the state legal bar for investigation for fraud.

You do not qualify to adjust.

It takes 10-12 years for a visa to become available to a US citizen's sibling. There is no way around this wait.

You can send the I-485 in 10-12 years if you maintain your legal status in the US under other visas.

Edited February 17, 2013 by aaron2020

[Harpa Timsah 13,258]

Yes, I hope he didn't charge you for a form that will no longer be valid in 10 years.

[bdawn 66]

My brother who is a US citizen completed an I-130 on my behalf.

It was handled by a lawyer who made me complete change of status

forms I-485 and EAD forms I-765 and G-325A. I am on F-1 status.

After some months we now know that the lawyer did not send along

these forms, and he says that he is waiting for the approval for the I-130.

However I believe that these forms should have been sent together with the

I-130 for processing to enable me get the EAD whilst the I-130 goes

through the long process. The "Notice of Receipt" has been received over 6 months

ago, but still waiting for the "Notice of Approval"

Can someone who knows tell me if the I-485 and I-765 forms can be sent now or

still wait for the approval before sending them, as the lawyer says.

Thank you.

He knew dang well you couldn't adjust your status that's why he didn't send the I-485...he just wanted the money....sorry you can't adjust status and you're highly unlikely to maintain a legal status until your visa number becomes current in the next 10-12 years.