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How will the RFE for medicals I received for my EB-5 I-485 affect my EB-2 I-485?

I received a Request for Evidence for medicals on my EB-5 I-485, where I am the principal applicant and my husband is a dependent. I also have an EB-2 I-485 through my husband, but I did not receive an RFE for medicals on that one. Will it apply to both of them? The priority date for EB-2 is March 2012. How can I ensure that they consider medicals for both I-485s and prioritize EB-2 over EB-5 for green card allocation?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your EB-2 is current and you prefer to adjust under that basis, be sure to make this clear in the response and that you are seeking to adjust based on the EB-2, not the EB-5.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    See what case number the RFE is on. If EB-2 no worries; if on EB-5, then clarify with cover letter that you want EB-2 I-485 approved and medical associated with that filing as Priority Date is current under the Final Action Date chart for that category. Enclose both I-485 receipts and the I-140 EB-2 approval.

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    Barbara Suri

    Immigration Attorney
    Answered on

    It is my experience that you will be required to submit a separate medical on each separate application.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Get two of them and send them to CIS for both applications.