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How can EB-5 dependents get visa interviews separately?

I am an Indian citizen on an F-1 visa. We recently got approved for I-526 and are in the process of scheduling visa interviews. My father is the principal petitioner of our case. Due to my current study and internship in the U.S., I might not be able to go back to India at the time of the interview. Is there a way for me separately schedule an interview with the consulate after my parents are interviewed?

Answers

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    The answer is yes, you could apply as "follow to join" after your parents have been interviewed. Technically speaking, after your parents have been interviewed, you could do that by going to India and having a consular interview there or here in the U.S. through filing I-485. However, what you need to be most cognizant about is the potential retrogression in the horizon for Indian citizens since so many applications have been made as of late. So, while technically yes, you could separately schedule an interview with the consulate after your parents are interviewed, your best bet is not to delay and, if at all possible, work around your studies and internships in the U.S. and get it done as soon as possible.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is preferable that all family members should do the consular interview together at the same time. If you miss your interview, rescheduling your interview may be difficult due to administrative procedures. Therefore, the absence is acknowledged and excused. Alternatively, consider filing I-485 application to adjust in the U.S. Advisably, consult your attorney and ensure your choice is in line with both the family and your plans to avoid unnecessary delays.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    As an immigrant visa backlog is expected for Indian nationals, it is highly recommended that you consular process at the same time as your father with the rest of the family. Otherwise, you may reschedule for a later interview with NVC and consular process separately or adjust status in the U.S. from a valid F-1 status after the principal EB-5 investor is admitted to the U.S. as a conditional permanent resident.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    In order to avoid any delays, I would advise that you complete the interview at the same time as the principal (your father). After your father is granted his immigrant visa there is a possibility, however, if you are in the U.S. to subsequently apply while you are in the U.S. for adjustment as a follow to join.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, but I recommend asking for a reschedule of the interview to coordinate with your school schedule so you can all go together.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You may want to file the I-485 after your father receives his green card as following-to-join and dependent of a resident. This is something that your immigration lawyer could guide you with easily.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    After your parents complete their interview, you can technically follow to join and apply to adjust in the U.S. However, since India will become substantially backlogged very soon, this may prohibit you from applying to adjust for a few years, so I would strongly advise that you apply together with them in India as soon as possible.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That may be possible. Your attorney can check the options available from the NVC, or perhaps you can adjust status once they are approved and enter the U.S.

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