Will USCIS refund back my money?

[Samantha78 117]

Okay, so how does that change what I've said?

The answer is that it doesn't.

BTW, I would hardly call it lack of attention to the fine print.

Page 1 of the instructions, first section is titled "What is the Purpose of Form I-485?

It states, "This form is used by a person who is in the United States to apply to USCIS to adjust to permanent resident status or register for permanent residence.

The second section titled is "Who May file Form I-485?" and takes up the remainder of the first page and 75% of the second page.

How does that qualify as "Fine Print"?

Likewise for Form I-751 the instructions begin with a section is titled "What is the Purpose of This Form? It states "

For a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence" and is also followed by a lengthy section titled "Who May File Form I-751?"

Personally, I read the instructions several times before I submit anything that requires payment of more than $5!

I agree....I also read everything a million times before I send it. But not everyone does this or can understand the wording as well as others. Maybe at this point in your experience with visa's and petitions and forms, etc...you are experienced and know how to make sense of it all....but this is not an easy task and many of these forms sound the same or make reference to similar things. This is why we have posts on here all day with people asking and re-asking questions about how to fill out forms.

Nonetheless.....the OP should call and see what the outcome it. There is nothing to lose.

She's updated now and said it's gone as far as biometrics. There is no way they'll refund it now because it's been cashed. She should try of course, but it's highly unlikely.

Thank you for making this point. At the time of the original post, there was no update. So all of the following statements made assuming that I am a psychic (although I am pretty amazing).....should be null and void!

Please and thank you

[Janulla 1]

Ok thanks everyone for your replies. And I want to add that I did not add this post so people can discuss my inability to follow directions. I opened this thread to know if anyone thinks that I will have a chance to get the money back. Anyway thank you. I have called USCIS BEFORE posting here. I will write a letter because at the end I am not losing anything.

[Ellesse 11]

Sami and Jensi..you said:

"Why should Janulla and her husband be given a refund? Because the OP stated they called USCIS to assure they were filing this correctly and were not told otherwise. Therefore, although the OP has a responsibility to file the correct form, it is also the responsibility of the agency to provide accurate information as well as guidance to their customers. This is their job unless otherwise stated during the conversation, that they are and/or cannot provide any information/instruction to the customer."

However, this is what OP actually posted:

The thing is that I wasn't even aware that I did the wrong application. I had called them several times and they never told me that I had the wrong application. So finally my husband had to take his biometrics today and that's when they tell him that he filed his application. He was also told that there is no "way in hell" that he would get that money back. I called USCIS and they are telling me to write a letter but from how it is appearing to me, I don't think they will refund me the money. I don't know if this has happened to someone else. I was told to just write a letter and hopefully I would get a refund.

I was told today to file the correct application. So basically I have to pay an additional $590 for the correct application. This really suxs

At no point does Janulla state that she asked USCIS whether she had sent in the correct application or not, only that she wasn't told. We don't know if Janulla is assuming that USCIS would automatically know what application she should make without knowing the full details (that she had already applied for this previously) or whether she asked. If she did not asked than I don't think it's particularly fair to assume that USCIS would know earlier details of her particular case, given the number of cases they deal with a year! Whilst USCIS are not perfect, I think sometimes it's easier to blame them than to realise that we ourselves can make mistakes too, and sometimes have to pay financially for that. Given her husband has already had his biometrics, it's unlikely she'll get a refund given that they have already started to provide the service she paid for. Of course it's always worth trying to get the money back, but it looks like she may be unfortunate and not get it.

L

[Janulla 1]

Sami and Jensi..you said:

"Why should Janulla and her husband be given a refund? Because the OP stated they called USCIS to assure they were filing this correctly and were not told otherwise. Therefore, although the OP has a responsibility to file the correct form, it is also the responsibility of the agency to provide accurate information as well as guidance to their customers. This is their job unless otherwise stated during the conversation, that they are and/or cannot provide any information/instruction to the customer."

However, this is what OP actually posted:

At no point does Janulla state that she asked USCIS whether she had sent in the correct application or not, only that she wasn't told. We don't know if Janulla is assuming that USCIS would automatically know what application she should make without knowing the full details (that she had already applied for this previously) or whether she asked. If she did not asked than I don't think it's particularly fair to assume that USCIS would know earlier details of her particular case, given the number of cases they deal with a year! Whilst USCIS are not perfect, I think sometimes it's easier to blame them than to realise that we ourselves can make mistakes too, and sometimes have to pay financially for that. Given her husband has already had his biometrics, it's unlikely she'll get a refund given that they have already started to provide the service she paid for. Of course it's always worth trying to get the money back, but it looks like she may be unfortunate and not get it.

L

He didn't have the biometrics actually. When he went to do it they told him that he had filed the wrong application but he never took them.

[Ellesse 11]

Ok, so he didn't have his biometrics, but he went to attend his appointment, which was my point. That is part of the AOS procedure, and USCIS had started to provide the service you paid for. As I stated, it's always worth trying to get the money back, but, as others have stated, if the check has been cashed and the process was started, then you may not get your money back.

[Janulla 1]

Ok, so he didn't have his biometrics, but he went to attend his appointment, which was my point. That is part of the AOS procedure, and USCIS had started to provide the service you paid for. As I stated, it's always worth trying to get the money back, but, as others have stated, if the check has been cashed and the process was started, then you may not get your money back.

Yeah I know I will probably not. Like anyone else I have a little hope that I will. Anyway I am not blaming USCIS. I can only blame myself for this.

[Deputy Purple 1,294]

I hope you feel better now that you've voiced your opinion. I have said this in the past and I will say it again......the little blue boxes and hearts make no one a professional. If I had more time in the day I also may have a pretty strip of blue boxes. Seriously, if you've had a hard day at work.....find another way to vent. Furthermore, please don't give the "taxpayer" speech. This entire process and its fees are a complete corruption and robbery from the government.

And just because you know how to BOLD everything doesn't make you anything special. I fail to understand why you can't accept that some people are comfortable with accepting responsibility for their own actions/mistakes.

FWIW, this process is probably the one thing in the government that is fairly priced and not a burden on the taxpayer as the fees are adjusted to cover the expenses of processing our cases.

Oh hey, look at this... You're not the only one who knows how to do FANCY things with the text here!

[Deputy Purple 1,294]

Yeah I know I will probably not. Like anyone else I have a little hope that I will. Anyway I am not blaming USCIS. I can only blame myself for this.

FWIW, I'm not trying to demean you in any way with my replies here. I just can't stand it when people are so comfortable with dismissing personal responsibility that they have to make excuses to justify their advice telling others to try to shift responsibility. Not once have I seen you actually try to blame USCIS and I commend you for that.

[Samantha78 117]

And just because you know how to BOLD everything doesn't make you anything special. I fail to understand why you can't accept that some people are comfortable with accepting responsibility for their own actions/mistakes.

FWIW, this process is probably the one thing in the government that is fairly priced and not a burden on the taxpayer as the fees are adjusted to cover the expenses of processing our cases.

Oh hey, look at this... You're not the only one who knows how to do FANCY things with the text here!

The bold was a simple edit in order to separate each others text. I'm awfully sorry if this has upset you

And I still have to disagree about the fees. I've been charged fees double, 2 times,during my process. I'm speaking from experience.

Have a great night )

[Deputy Purple 1,294]

The bold was a simple edit in order to separate each others text. I'm awfully sorry if this has upset you

And I still have to disagree about the fees. I've been charged fees double, 2 times,during my process. I'm speaking from experience.

Have a great night

I understood the purpose of the bold within the quote, the reminder of your reply didn't need it though. Not upset by it, just observant as often times people use BOLD, ALL CAPS or LARGE FONTS as a way of talking over/shouting at others in forums.

How were you charged double fees during the process (asks the guy who has paid for 3 IR Visa processes in the last 3 years)?

Edited January 11, 2012 by Bob 4 Anna

[Janulla 1]

FWIW, I'm not trying to demean you in any way with my replies here. I just can't stand it when people are so comfortable with dismissing personal responsibility that they have to make excuses to justify their advice telling others to try to shift responsibility. Not once have I seen you actually try to blame USCIS and I commend you for that.

Well I can't blame USCIS. That was my mistake. I don't even know how I made that mistake. For some reason the idea that I had to file the 485 was stuck in my head and I did that. Anyway, what's done is done.

[Ellesse 11]

FWIW, I'm not trying to demean you in any way with my replies here. I just can't stand it when people are so comfortable with dismissing personal responsibility that they have to make excuses to justify their advice telling others to try to shift responsibility. Not once have I seen you actually try to blame USCIS and I commend you for that.

Absolutely agree. My original post re:blaming USCIS was in response to another poster stating USCIS were partially responsible.

OP - good luck with your ROC application.

[bigdog 376]

USCIS is self funded, start from there. If you did biometrics you are probably toast on getting money back. But it is the government? Good Luck from one of the Blue Squares, I paid my dues and tears to get to the end like everyone else.

[Samantha78 117]

I understood the purpose of the bold within the quote, the reminder of your reply didn't need it though. Not upset by it, just observant as often times people use BOLD, ALL CAPS or LARGE FONTS as a way of talking over/shouting at others in forums.

How were you charged double fees during the process (asks the guy who has paid for 3 IR Visa processes in the last 3 years)?

I paid medical twice in less than 60 days, application fee twice, 3 changes in airfare due to this, 500 on unnecessary travel to embassy.....etc. Yea, so my sympathy level for anyone at any branch of immigration is non existent.

[ceadsearc 516]

OP, I think your best bet would be to call USCIS back and ask to speak to a tier 2 representative (this is an actual immigration officer, as the person you normally talk to when calling is a call center rep), or schedule an Infopass appointment and go in. I wouldn't count on being refunded as USCIS seems to have a policy of "your mistake, your loss" but it's not going to hurt to try. In the meantime, I'd send in the I-751 ASAP as you don't want the green card expiring without ROC being filed properly.