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
Bernard P Wolfsdorf
Immigration Attorneys DirectoryIf 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.
Barbara Suri
Immigration Attorneys DirectoryIt is my experience that you will be required to submit a separate medical on each separate application.
Lynne Feldman
Immigration Attorneys DirectorySee 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.
Stephen Berman
Immigration Attorneys DirectoryGet two of them and send them to CIS for both applications.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.