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? After approval, do we all have to enter the USA together?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt is best to process together at the consulate. They can return just in time to do the medical and interview and then you need to enter first and then they can come in or they can enter with you.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyI would strongly recommend that your children attend the interview with you and complete consular processing when you do to avoid delays in issuing their green cards.
Mitch Wexler
Find an EB-5 Visa Lawyer: Immigration AttorneySimplest if they travel back and attend the interview with you, and you then all enter together, or you first. In the alternative, you can be issued the immigrant visa and enter the US as a conditional green card holder and your qualifying children can apply for adjustment of status to conditional green card in the US. Depending on your country of birth, there may be a risk of retrogression with the latter option which would delay AOS filing or adjudication.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.