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Can family members adjust status while in different locations?

After the approval of I-526, can one family member (a dependent), who''s on F-1 visa, adjust her status in the United States by filing I-485 application, while others in the family apply for their green cards through consular processing in their home country? Will this cause any complications?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Your family may adjust status regardless of location, so long as each family member was included in the I-526 petition. As you stated, the child in the United States may adjust status here if within F-1 status. Please consult an immigration attorney to assist you.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    You have to make sure that your family member applies for her I-485 after you have filed your application with the National Visa Center. Her application will not be able to be adjudicated until you have been processed at the consulate. Another option is that your daughter accompanies you on the date of your interview, since you will know at least 4 weeks in advance when your appointment is at the consulate. If you have any other questions, please do not hesitate to contact me.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    This is possible, although it will mean separation of the family members and their files. In addition, there is no significant advantage in the dual processing. However, the separate interviewing processes may lead to unnecessary bureaucratic complications as the USCIS tries to coordinate the paperwork.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That could be possible, but it would require proper notifications and other planning best done with the assistance of immigration counsel.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    While it may cause complications, it is doable. However, we would recommend that if at all possible, you process all applications in one location.

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    Robert Perkins

    Immigration Attorney
    Answered on

    You can certainly adjust status in the United States, provided you are in lawful status as following to join your family.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes, this is quite common. It can be done with the assistance of a competent immigration legal counsel without any complications. The principal applicant must receive his or her conditional lawful permanent residence first.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There should not be any problem with your child adjusting here in United States.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    The scenario you describe is possible, but the principal immigrant must enter the country first, before any dependents can adjust in the United States.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If the dependents are in separate locations, then the principal must complete his or her process first and then the family members follow-to-join. It is faster to all process at the consulate.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The following steps are acceptable. The principal investor, spouse and qualified children can apply for their conditional permanent residency visas at the U.S. consulate. Once they arrive in the United States, the child who is already in the United States under F-1 student status can apply for an adjustment to conditional permanent residency status and file the forms with USCIS without having to leave the United States. Our law firm has represented many clients in the same situation and without complications. But remember, every case is different.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The child derivative can file to adjust after the principal has completed visa processing abroad, provided they remain eligible, have not violated status and meet section 245 requirements.

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