My wife is on H4 visa. Her brother is US Citizen who is ready to sponsor GC.
1) Can she adjust her status from H4 to GC by applying for status adjustment via I-485?
2) If yes what is the process to do so?
3) Would she be able to continue living in US until her I-485 is converted to GC and can she work on I-485?
4) How long will it take to get I-485 approval?
The brother can petition for her. The waiting period for siblings stands at about 16 years. Once the PD is current 16 years form the point the petition was filed by the brother she will be able to seek adjustment, provided she is still in a valid nonimmigrant status at that point.
The U.S. citizen sibling can file the FORM I-130 on behalf of your spouse but the adjustment of status can not be requested at this time in that a visa will not be available in the F4 category for at least 14 years ( or more depending on your country of origin).
The process can start now however EAD will not be available for a very long time.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
The sibling quota, FB-4, is backlogged at least ten years depending on the country of birth. It will do nothing for her for at least those ten years. It still should be filed though in case Congress eliminates that category and the people who have already filed may be accelerated.
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