Dr. William:

My EB1-EA I-140 application has been approved by the Vermont Service Center. Now I am planning to file the I-485 application by using your Complete Do-It-Yourself package for I-485. Currently, I am living together with my wife, son, and my parents. Can I include my parents in the I-485 application as my dependents?  

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A: 

A Green Card applicant or a permanent resident son or daughter cannot file an I-485 application or an immigrant petition for their parents, unless they first become a U.S. citizen. If such an application is filed, it is an obvious mistake, and the USCIS will reject the application without issuing a RFE or Notice of Intent to Deny, as the case fails to meet the fundamental statutory thresholds.