I just scheduled my EB-5 visa interview with the U.S. consulate in my country. My daughter and my son, who are dependents of my case, are in the United States on their F-1 visas. Do they have to come back to take the interview with me? If not, how should I proceed with the interview process when my two children will not be here?
It is advisable that dependents interview together with the primary petitioners.
It would be best for your daughter and your son to have their immigrant visa interviews when you do have your interview.
It is best to interview together. Are they in danger of aging out? If not, they can either apply at the consulate at a later time or adjust to the permanent resident status after you enter the U.S. as a permanent resident.
It is best to have the entire family together. If, however, they are in valid status and that status is not dependent on you, they can file to adjust in the U.S. after you are admitted. However, this could easily add another one to two years to their processing times.
If they were included in the consular processing for the immigrant visas and have also been scheduled for their interviews, they should definitely appear. If not, they can opt to adjust status in the U.S. after you have been approved for your immigrant visa and enter the U.S.
They can, or they can wait until you are approved and enter the U.S., and then file an adjustment of status here. It is best to discuss this with an immigration attorney to see if there are any other considerations.
Dependents of immigrant cases may apply for immigrant visas with the principal applicant at the same time or they may apply for immigrant visas as a "follow-to-join." In your situation, your dependents are in the United States in valid F-1 nonimmigrant status, so they could be eligible for adjustment of status (Form I-485) while in the United States; they do not have to return to the U.S. embassy/consulate in your home country. They cannot be approved before you receive your conditional green card. Based on the lengthy processing time for Form I-485, however, you might consider having your dependents apply for their immigrant visas at the same time as you. If you have already scheduled your immigrant visa interview appointment, however, you would have had to pay the immigrant visa application fees and submit the civil documents for each of your dependents a few months ago. If you have not done that already, your options appear to be (1) "follow-to-join" for them at the U.S. embassy/consulate later or (2) adjustment of status in the United States.
Dependents do not have to interview with the principal applicant. It is advised that they do, however, as following to join will require additional steps, fees and time.
They can adjust status or follow to join.
They do have to come back to the consular process. The other option is to file an adjustment of status in the U.S. but that takes several months.
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