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What happens if one of my EB-5 derivatives cannot attend the EB-5 interview?

My daughter is currently studying in the United States and may not be able to return to the country if the EB-5 interview is scheduled during the school year. Am I able to actively propose an interview date to the National Visa Center or is that decision out of my hands? If it is, can my daughter schedule another interview to make up for missing the one in our home country?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Generally, the best way is to attend the immigrant visa interview with all family members who will be accompanying you (principal EB-5 investor). Alternatively, your daughter can be scheduled separately by contacting the US embassy in order to follow to join you. If she is in the US on a student visa, she can also adjust status in the US to a green card holder after you (principal EB-5 investor) have been admitted to the US as a green card holder.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You could request an interview date (from NVC or the consulate) after a specific date due to your daughter's school schedule. Alternatively, your daughter may "follow to join " after you receive your immigrant visa and enter the United States. She will have to schedule a separate immigrate visa interview through the NVC for this process. Also, your daughter can file Form I-485 and adjust her status in the United States if she is in valid nonimmigrant status.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you as the principal petitioner acquire your immigrant visa and enter the United States as an immigrant, your daughter can either be scheduled for her final interview at the American Consulate abroad in your home country or, alternatively, if she is in valid status in the U.S., she can file an Application to Adjust Status on Form I-485 without returning to her home country for a final interview.

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    Ying Lu

    Immigration Attorney
    Answered on

    I would suggest that your daughter attend the interview with you even if it is scheduled during the school year. As per my experience, if you re-schedule, it will significantly delay your daughter's interview in Guangzhou, China.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    I would strongly encourage her to try and make the interview. What if, hypothetically, the program is not extended beyond December 8, 2017? She loses out. However, she can request a separate interview or she can apply to adjust status in the United States, which will add several months to the process.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Your daughter does not have to Consular Process; if she is in lawful status in the United States, she can file an adjustment of status application after you have entered the US and received your CPR card. Your attorney can walk you through this process.

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    Irina Rostova

    Immigration Attorney
    Answered on

    You cannot actively propose an interview date but, once the interview is scheduled, you can reschedule the date for your daughter. Your daughter can attend the interview separately after you.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Your attorney can communicate with the consulate for a re-schedule or your daughter's case can be processed at a later date as a follow-to-join if she has not aged out.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your attorney should be able to postpone the interview and/or do a following-to-join application for your daughter after you get your Immigrant Visa.

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    Barbara Suri

    Immigration Attorney
    Answered on

    If your daughter cannot attend the interview, it can be rescheduled. You do not get to propose an interview date. As for another option, the rest of the family could attend the interview and your daughter could apply here in the U.S. with proof that the Principal has been granted his EB-5 visa.

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    Jeff Khurgel

    Immigration Attorney
    Answered on

    If your daughter is a dependent on your application and if/after you become a permanent resident of the U.S., she can apply to adjust her status in the U.S. without the need to attend an Embassy interview. She would need to be eligible to adjust her status in all other respects.

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