I was hoping to get an advice on this.
My dad was petitioned for (I-130) and was approved back in 2010 by his brother who is a U.S. citizen.
My siblings were included on that application (I-130) as his derivative beneficiaries.
The application is at the stage of waiting for visa to become available (current priority date is 2006; so, at least 12 years off based on the approved I-130)
I became a U.S citizen and now want to file directly for him as immediate relative.
Is there a way to upgrade the previous I-130 (filed by his brother) based on the new petition I filed for him such that my siblings could still be derivative beneficiaries?
The reason I'm asking this is because I read that you cannot qualify as a derivative beneficiary if the application is based on a filing by an immediate relative. So, although my filing for him would make him eligible for faster visa, his children (my siblings) would not qualify to join him on that petition. I'm looking for a way to help them join him without filing individual I-130's for the siblings.
Does this make sense and can anyone please help advise? Thank you all.