I received a letter from the consulate in India to submit my passports along with medical test results and police clearance certificate. However, my son is currently studying in the U.S. His college semester will start next month. What should I do to let the consulate know that my son is in the U.S.? How can I ask them to send the file back to the U.S. so we can file for I-485 adjustment of status in the U.S.?
He is not eligible to adjust until you receive your immigrant visa, enter the U.S. and obtain permanent residency. Only then can he start his adjustment and aging out could be an issue. It is much better for him to fly back and consular process with you as a family and then come to finish studies as a permanent resident.
You should discuss this with your attorney; generally, it is advisable to process through the consulate. If you decide not to proceed, simply email the Consulate and tell them your son will "follow to join". There is nothing to send back to the U.S.; once you/principal applicant has obtained the IV, your son can file for AOS (note, it takes years to receive the GC via AOS based on EB-5).
The I-485 adjustment package of your son may be filed in the U.S., along with evidence of your U.S. resident status.
If you are the principal applicant, your son will not be able to file for adjustment of status unless: 1) you receive your green card abroad and enter the U.S. as a green card holder (and then he files for AOS based on your GC status) or 2) you enter the U.S. and file AOS with your son together.
You can technically file a following to join adjustment after you enter, but so much better if he could leave and apply with the family.
