朋友全家EB5移民获批,现在排期到了,可以去广州签证,但有个孩子在美读高中,孩子F1 是在美国境内从B签转的,请问孩子可以单独在这边调整身份吗?
-Yes, but the kid cannot file I-485 adjustment of status until the parent (primary beneficiary) enters US using the immigrant visa, i.e., the parent needs to become a green card holder first and then, the kid can file I-485 within US. The child needs to keep his/her F-1 status valid until I-485 filing.
怎么办?
-Two choices: 1. the child goes back to China to apply for the immigrant visa together with the parent and then, come back to US together with the parent or after the parent enters to US;
2. The child files I-485 within US after the parent enters US (see above).
谢谢