I think you should do both. As USC you can file 130 for your siblings (F4 category) and probably it will be approved within a year but the problem is not I-130 but I-485 or adjustment of status within US or waiting for Visa from outside US. Currently it has 14+ years waiting. As of August 2018 they are processing visa for cases filed on 22 Dec 2004. https://travel.state.gov/conte... Since he is already inside US, i don't think appling for family based I-130 hurts but it will be really long wait if he chooses to wait for green-card through you. Also check this out: File I-130 and I-485 for my wife while her Asylum case is pending ? https://www.avvo.com/legal-ans... Last edited: 01-Aug-18 02:44 PM

airman · Aug 1, 2018 2:44 PM

why people are responding to 8 years old, 10 years threads? Read the date please.

sajhamitra · Aug 1, 2018 5:58 PM

Filing i130 doesn’t help other than wasting hundreds of dollars. He will probably become a GC holder in a year or two through his pending asylum application if approved. Under i130, as said, he will need to wait another 12-14 years to be able to change status and become a GC holder and if he accrues any unlawful presence during that time, his AOS will be denied. Pending or approved i130 is of no use if his asylum is rejected. So just hope his asylum gets approved and don’t waste money on i130 unless he plans to go back to Nepal and wait 12-14 years for visa if his asylum is rejected.

ark · Aug 1, 2018 6:08 PM