Q: Can my father adjust through me with an approved 1-130 on behalf of his brother or would i need to apply for the I-130?

A: I am not sure I understood your question. What is your current status? Are you a US Citizen over 21?

If you are a U.S. citizen and your father has an approved I-130 petition from his brother, the first step is to check the Visa Bulletin to determine if his visa might become available soon, preferably within 18 months or less. However, if the Visa Bulletin suggests a longer wait for your father's visa availability under his brother's petition, you have the option to file a new I-130 petition on behalf of your father. As a U.S. citizen filing for an immediate family member (like a parent), the visa availability is generally more immediate, and the processing times are often shorter compared to other family preference categories. Also, you can file the I-130 petition concurrently with I-485, which means less waiting time.

In this situation, it's important to remember that an individual in the United States can only adjust their status based on an approved petition from the USCIS. Therefore, your father cannot adjust his status just based on the approved I-130 from his brother. For him to adjust his status, either you would need to file a new I-130 petition as a U.S. citizen, or he would have to wait until his visa becomes available through his brother's petition. Filing a new petition as a U.S. citizen could expedite the process since there are usually no long waiting periods for visa availability for immediate relatives of U.S. citizens.

This suggestion assumes your status as a U.S. citizen; please inform me if your situation differs. Let me know if there are any other aspects you'd like to clarify.