Can Parents and Children Interview Separately in China and the U.S. and Adjust Status?
This article addresses a question from an F3 family whose priority date is current: whether the parents can interview in Guangzhou while their child, over 18 and studying in the U.S., adjusts status separately. It lists four circumstances under USCIS Form I-485 instructions in which derivative applicants may adjust status, notes that this family fits the category allowing adjustment after the principal applicant obtains an immigrant visa abroad and enters as a lawful permanent resident, mentions that consular processing may take 8 to 12 months, and advises consulting an immigration attorney.
Today a reader asked: "Our F3 priority date is current. My wife and I are in China, and our child (over 18) has gone to the U.S. to study. In this situation, is it better for the child to adjust status alone in the U.S., or for my wife and me to attend the visa interview in Guangzhou? Or is it better for the whole family to attend the interview in Guangzhou?" This is an interesting question.
According to USCIS's I-485 instructions [source], derivative applicants may file for adjustment of status (AoS) in the following circumstances:
1. At the same time the principal applicant files Form I-485; 2. After the principal applicant filed a Form I-485 that remains pending a final decision by USCIS; 3. After USCIS approves the principal applicant's Form I-485, if the principal applicant is still a lawful permanent resident and if, at the time of the principal applicant's Form I-485 approval, you were the principal applicant's spouse or child; or 4. After the principal applicant obtained an immigrant visa and entered the United States as a lawful permanent resident if the principal applicant is still a lawful permanent resident and, at the time of the principal applicant's entry, you were the principal applicant's spouse or child.
- File Form I-485 at the same time as the principal applicant.
- If the principal applicant has filed Form I-485 but it has not yet been approved, the derivative applicant may apply for AoS.
- After the principal applicant's Form I-485 is approved, eligible derivative applicants may apply for AoS as long as the principal applicant's green card has not been abandoned or revoked.
- After the principal applicant obtains an immigrant visa abroad and enters the United States as a permanent resident, eligible derivative applicants may apply for AoS.
The reader's situation falls under the last category. That is, after he and his wife pass the interview in China, obtain visas, and enter the United States, their child can then apply to adjust status in the U.S. Consular processing, from when a visa number becomes available until the final interview is passed and the visa is issued, may take as long as 8-12 months. As for which option is more advantageous, readers in such situations are advised to consult an immigration attorney in detail.
