QUESTION

Adjustment of Status

Asked on Jul 31st, 2014 on Immigration - Ohio
More details to this question:
I did a self petition based on the national interest waiver. This time I did not use a lawyer and did it all by myself. I did an adjustment of status (i485), i325, and i 140 form. All documents were submitted including my family's documents. Unfortunately the sealed medical form was also submitted including that of of my family but their i485 application was not. I plan to submit their i485 now with no medical since I already mailed it, is that ok? What should O do? I have a copy of the medical though but not sealed.
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1 ANSWER

Immigration matters for employers, executives and professionals Attorney serving Beachwood, OH at The Law Offices of Brian J. Halliday, Inc.
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It sounds like you may have filed in a way that USCIS will not be able to easily sort out.  I expect they may loose or ignore certain evidence, issue RFEs, possibly reject some of what you are sending them, or deny applications for not having required initial evidence.  If you file family members’ I-485s piecemeal, you need to make sure they clearly relate to the I-140 and the principal I-485 case.  USCIS will not accept medical exams that are not sealed.  To fix this, you may need to interfile or refile some or all of your cases.  I am not clear whether the NIW was already approved.   But if it is not, and it is ultimately denied, you will loose the filing fees for all the I-485s and have to pay them all again when you refile. 
Answered on Jul 31st, 2014 at 12:26 PM

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