What happens if our son can not make the I-526 interview?

You want to make sure you have filed the forms and paid the fee to freeze his age. You should try and have him join you, but if no, there are two choices. First, you could file a following to join case after you enter but that will cause delays so you should seek to reschedule him as soon as possible, if he cant travel now. Visa number can also backlog for some countries and then he cannot be scheduled until the number comes up again, maybe in years.

A dependent can have an interview after the principal applicant; your son may also file for Adjustment of Status in the U.S. after the principal investor enters the U.S. with an EB-5 immigrant visa. This is generally known as the "follow to join" process. In terms of age, your son can probably take advantage of the CSPA protections, but an attorney should look into the details of your case in order to advise properly.

Once you arrive in the U.S.A. and have your green cards, your son, if he has legal status, can apply for adjustment of status and he will not have to leave the U.S.A. The Child Status Protection Act should help him, even though he is now 21, since he applied for a visa when he first had the opportunity to do so. But your question deserves some research and you should consult a knowledgeable immigration lawyer ASAP.

Depending on whether he qualifies for dependent status, he can join later at the consulate. He has one year to acquire his status or possibly adjust status after the principal enters the U.S. Need exact facts to advise though. Best if he can join you at your interview to be safe.

You can reschedule him for the interview or he can file a Form I-485 to adjust his status since he is in the United States in valid F-1 nonimmigrant status. He should not depart the United States unless/until he receives his advance parole travel document.

Why don''t you have him file for adjustment of status after you immigrate?