Check cashed and package not returned after rejection notice?

[angelic4444 3]

Hi everyone!

My lawyer submitted my 1485 and i130 package initially back in December but it was rejected because she had used outdated forms and given us the wrong money amount to write on the checks. She ammended this and re-filed it in Jan. About a week ago we recieved a physical rejection notice, issued on Jan 30th, the reason being for 'missing pages'. However our lawyer has not received the package, and yesterday USCIS cashed all checks (i485, i130, EAD, AP etc).

 

Is there any possibility the rejection notice could have been in error? To my knowledge they don't cash checks for rejections, if they do I'm honestly not sure what we will do.

Thanks in advance for any help, I'm still confused and a little sad about two rejections, it has set our case back so much.

[appleblossom 3,398]

6 hours ago, angelic4444 said:

Hi everyone!

My lawyer submitted my 1485 and i130 package initially back in December but it was rejected because she had used outdated forms and given us the wrong money amount to write on the checks. She ammended this and re-filed it in Jan. About a week ago we recieved a physical rejection notice, issued on Jan 30th, the reason being for 'missing pages'. However our lawyer has not received the package, and yesterday USCIS cashed all checks (i485, i130, EAD, AP etc).

 

Is there any possibility the rejection notice could have been in error? To my knowledge they don't cash checks for rejections, if they do I'm honestly not sure what we will do.

Thanks in advance for any help, I'm still confused and a little sad about two rejections, it has set our case back so much.

So have you had two rejection notices? Or was this the only one? Get rid of that ‘lawyer’ and get a full refund from her! The fees changed on 1st April, if she wasn’t aware of something so basic 8 months later that’s appalling. 

[angelic4444 3]

1 hour ago, appleblossom said:

So have you had two rejection notices? Or was this the only one? Get rid of that ‘lawyer’ and get a full refund from her! The fees changed on 1st April, if she wasn’t aware of something so basic 8 months later that’s appalling. 

Yes, two rejection notices, both of which due to her error. We were planning on requesting a refund when the package had been returned, but now the checks have been cashed and still no sign of the package?

I'm just super confused honestly. My husband reached out to the lawyer when we saw that the checks had been cashed and she said it was a good sign and that the rejection had probably been issued in error but that seems SO unlikely. I'm just not sure what to do, we spent a pretty substantial amount of money on her services, and now that USCIS has cashed the checks idk if we can even afford to file our own package right now.

I'm just super confused 😕

[angelic4444 3]

I'm guessing what happened is that it was potentially an internal error at USCIS and the package was actually complete (no pages missing) so the rejection was issued in error and they kept the package/cashed the checks. Does anyone know if there would be a way to confirm this or if I just need to wait and see? Or has anyone heard of something similar happening? This whole situation is stressing me out.

[JeanneAdil 6,722]

USCIS will not refund money

and I doubt you can get a refund from a lawyer /read your contract as the attorney has it written up and it mostly protects that office

https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-3

Chapter 3

Fees submitted to USCIS are generally non-refundable regardless of the ultimate decision on the benefit request or how much time is required to issue a decision.^[25] There are a few exceptions to this rule, such as if USCIS makes an error that results in the inappropriate filing of a form or if USCIS collects the wrong fee.^[26]

 

You can fire the attorney but understand the petitioner is responsible for the petition (being correct before signing it) and all supporting documents

 

check cashed so they will process as soon as it is returned with any corrections asked for by the USCIS office 

 

Relax and tell the attorney to fly a kite and finish the process yourself 

 

you can write to the state bar and lodge a complaint about the lawyer 

 

[angelic4444 3]

2 hours ago, JeanneAdil said:

USCIS will not refund money

and I doubt you can get a refund from a lawyer /read your contract as the attorney has it written up and it mostly protects that office

https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-3

Chapter 3

Fees submitted to USCIS are generally non-refundable regardless of the ultimate decision on the benefit request or how much time is required to issue a decision.^[25] There are a few exceptions to this rule, such as if USCIS makes an error that results in the inappropriate filing of a form or if USCIS collects the wrong fee.^[26]

 

You can fire the attorney but understand the petitioner is responsible for the petition (being correct before signing it) and all supporting documents

 

check cashed so they will process as soon as it is returned with any corrections asked for by the USCIS office 

 

Relax and tell the attorney to fly a kite and finish the process yourself 

 

you can write to the state bar and lodge a complaint about the lawyer 

 

Thank you! I was under the impression that uscis doesn't cash checks for rejections? When we received the first rejection notice the entire package was sent back, including the checks. The most recent notice also says that all filing fees will be returned. I'm not sure what to do at this point, I'm assuming the only option is just wait and see.

[Yareth 102]

Have you received an online account number? This could help clear up the confusion. 

[angelic4444 3]

2 hours ago, Yareth said:

Have you received an online account number? This could help clear up the confusion. 

Unfortunately no online account number yet. USPS is showing that I have mail from uscis arriving soon so I will update!

[angelic4444 3]

Received my receipt and biometric appointment today!!

[Yareth 102]

16 hours ago, angelic4444 said:

Received my receipt and biometric appointment today!!

Wonderful! Now that you have your online account number you can check online. There might be more information you can find about your case there including whether it’s rejected or not. In my experience you get the notices digitally before your receive them in the mail.