My daughter cannot make it back for the EB-5 consular interview as she is attending university in the United States. How do I change her status to "Follow to Join" after the interview letter has already been sent out? Or is it better she does an Adjustment of Status after we land in the States? She is on an F-1 visa that is valid until 2025.
She may be eligible to file an adjustment after you land, provided the visa number does not get backlogged, in which case she can be stuck. Best for her to attend the interview and get it done.
If the rest of you are attending, you may advise the Officer about your daughter at the interview or reschedule so you can all attend. Adjustment of status after the Principal enters as an immigrant is also an option but beware of age out issues.
Talk to your attorney, but she should be able to follow to join.
I would strongly advise for all family members to be present at the interview if at all possible to reduce significant delays in processing. If your daughter does not return for the interview, she will have to request a separate appointment with the consulate to receive her immigrant visa - this can take months. Your daughter could file for adjustment of status once you arrive in the U.S. - this will delay the issuance of her green card by at least a year given current processing times. She will also not be able to travel internationally until her advance parole travel permit is issued, which will take 8-10 months after the adjustment of status package is filed. I recommend contacting the consulate directly to advise them of any changes and/or to request a separate/rescheduled appointment.
Once the primary applicant has entered the U.S. on the immigrant visa, she can file for adjustment of status in the U.S. Otherwise, request to reschedule her for a different date.
