Cuban paroled question

[Emyarsan 0]

Hello:

   My brother came from Cuba because I filed I-130, but he came through a program that allowed him to be paroled in the US without a visa. When he files the i-485 for adjustment status does he need to mark the option: Cuban Adjustment Act in the form? (He marked the Family Based and USCIS returned his application saying that it was not filed appropiately). We would really appreciate your answer. 

[aleful 1,905]

when did you file for him, what is his priority date?

 

 

[Emyarsan 0]

53 minutes ago, aleful said:

when did you file for him, what is his priority date?

 

 

I filed I-130 when he was living in Cuba in 2013, but he was paroled to the US in 08/2016. He has being in the US since more than one year and he file his i-485 on 12/19/2017. His application was returned saying that it was filed inappropriately. I would like to know if the reason is because he marked the box for Family- Based - Other relative of a US citizen. Should he make the Cuban Adjustment Act instead? In the I797 he received says that he needs to wait for the visas to become available, but he doesn´t need a visa, he is in US already.  

[aleful 1,905]

yes,

 

the wait for siblings petition is around 13 to 15 years,  he only has 4 or 5 years of waiting for a sibling petition, so it is incorrect to file family based since his priority date isn't current

 

 

[Emyarsan 0]

12 minutes ago, aleful said:

yes,

 

the wait for siblings petition is around 13 to 15 years,  he only has 4 or 5 years of waiting for a sibling petition, so it is incorrect to file family based since his priority date isn't current

 

 

Thank you very much. 

1 hour ago, aleful said:

when did you file for him, what is his priority date?

 

 

I filed I-130 when he was living in Cuba in 2013, but he was paroled to the US in 08/2016. He has being in the US since more than one year and he file his i-485 on 12/19/2017. His application was returned saying that it was filed inappropriately. I would like to know if the reason is because he marked the box for Family- Based - Other relative of a US citizen. Should he make the Cuban Adjustment Act instead? In the I797 he received says that he needs to wait for the visas to become available, but he doesn´t need a visa, he is in US already.  

[Emyarsan 0]

14 minutes ago, aleful said:

yes,

 

the wait for siblings petition is around 13 to 15 years,  he only has 4 or 5 years of waiting for a sibling petition, so it is incorrect to file family based since his priority date isn't current

 

 

I also have another question. Does he need to provide receipt of underlying petition or just leave that blank?

[aleful 1,905]

nope, but if any of the questions ask if someone has filed a petition for him, he has to answer truthfully, for information purposes.

 

he will get his GC through the Cuban Act

[Emyarsan 0]

Thank you very much. I also have another question. Does he need to provide receipt of underlying petition or just leave that blank?

i really appreciate your answer. God bless you.