Will USCIS refund back my money?

[Janulla 1]

I filed the wrong application for my husband. I filed I485. I just found out today that I shouldn't have filed that and instead I should have filed I751. Is there a chance that USCIS will refund me back for the 485? Is there anything that I can do? I have basically lost $1100. Please help. Thanks

[ndu26 114]

when did you send in the application?Have you tried calling USCIS to hear what they say? Maybe you should cancel the check and inform them fo that?

That is a lot of money...hopefully someone can help you.

[Samantha78 117]

I would call them and inform them of the mistake. What they may do is allow you time to send in the correct form. I don't think this is going to be a loss for you at all. USCIS is crazy sometimes but I'm sure what you are asking for happens more often than not. I would definitely call them and tell them you sent the wrong form and that you want to replace it.

[VanessaTony 3,567]

If they haven't cashed the check yet you should cancel it IMMEDIATELY. If it has been cashed then sorry, you've lost it.

They should reject it thought because they should be able to see he's already AOSd but it's happened before.

Edited January 11, 2012 by Vanessa&Tony

[aaron2020 11,651]

I filed the wrong application for my husband. I filed I485. I just found out today that I shouldn't have filed that and instead I should have filed I751. Is there a chance that USCIS will refund me back for the 485? Is there anything that I can do? I have basically lost $1100. Please help. Thanks

Generally, there is no refund policy. You would have to show that USCIS made an error in order to get a refund.

Your best hope of keeping your money is to cancel the check before it clears. Better to pay the bank's $50 cancel check fee than be out $1100.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1740.html

10.10 Refund of Fees.

When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary’s eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application. There are only a few exceptions to this rule, such as when USCIS made an error which resulted in the application being filed inappropriately or when an incorrect fee was collected. For example, if USCIS advises an applicant to file a waiver application for a ground of inadmissibility which is inapplicable to that applicant, the fee should be refunded.

If an applicant or petitioner believes that he or she is entitled to a refund of fee, the applicant or petitioner should call the customer service line or submit a written request for a refund to the office having jurisdiction over their application or petition. USCIS will review the request for a refund and either approve or deny the request based on the information at hand. If the adjudicator finds USCIS made an error, then the officer will complete Form G-266, Request for Refund of Fee. The form is av ailable on the USCIS Intranet. Send the completed form to the Burlington Finance Center (BFC), P.O. Box 5000, Williston, VT 05495-5000 or fax it to (802) 288-1230. Retain a copy for office records, following local procedures. Send only the completed form to BFC, retaining any back-up documents, applications, etc. The BFC will notify you of the disposition of the request. Only a single refund may be requested per form. Complete the form in accordance with the following instructions:

Block Number Explanation of Entry

1 List the office in which the form was prepared

2 Assign a request number for the refund using the FCO-Fiscal Year-Sequential Number format. (For example: LOS-2000-0011 would be the 11 th request submitted by the Los Angeles office during FY 2000.)

3 Enter the requesting office mailing address

4 Enter the area code and telephone number of the person to whom questions regarding the refund may be directed

5 Enter the name and address of the person to whom the refund should be sent. Fee refunds for minors should be sent to a parent or guardian "in behalf of" the child’s name. This information must be displayed in the sequence listed below. Use an additional address line, if necessary - Line 1: First name, middle initial, last name of payee - Line 2: In behalf of ________________ ( if applicable ) - Line 3: Street address or P.O. Box - Line 4: City, state and Zip code

6 Record information necessary to file and retrieve the disposition copy after action by the DMC. (receipt file number, etc, according to local procedures). The requesting office remains responsible for maintaining sufficient information and files for a proper audit trail

7 Use this space to identify (name and phone number) a point of contact in the event The DMC has questions concerning processing of the request

8 Enter the application form number (or "fingerprint fee" if appropriate)

9 Enter applicable section of law, if any

10 Enter the exact amount of the fee to be refunded

11 Circle the reason for the refund: "overpayment", "Service error" or "other". If "other" is circled, there must be a brief explanation. Forms submitted without explanation will be returned by DMC without action

12 Original signature of signatory authority.*

13 - 15 Leave blank – for DMC use only

* If delegated below the office head, the office head must send a memorandum defining the specific delegation. The memorandum must contain the specific authority being delegated (e.g. approval of Fee Refund Requests, Forms G-266), the name, title and signature of each subordinate receiving the delegation and the effective date of the delegation.

Edited January 11, 2012 by aaron2020

[VanessaTony 3,567]

I would call them and inform them of the mistake. What they may do is allow you time to send in the correct form. I don't think this is going to be a loss for you at all. USCIS is crazy sometimes but I'm sure what you are asking for happens more often than not. I would definitely call them and tell them you sent the wrong form and that you want to replace it.

No they won't let her do that. It's completely the wrong amount for the I-751. They can't accept more money than is required for the paperwork. So they either reject the AOS, or they accept the AOS (and later deny it because he's already AOS'd) and she has to file for ROC (and spend more money).

[Janulla 1]

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

[Samantha78 117]

No they won't let her do that. It's completely the wrong amount for the I-751. They can't accept more money than is required for the paperwork. So they either reject the AOS, or they accept the AOS (and later deny it because he's already AOS'd) and she has to file for ROC (and spend more money).

I think they'll end up denying it and send the money back, although I know everyone will be quick to say they do not refund. I was reading on a different site that they will actually refund in some cases where a petition was filed and paid for but not necessary. So hopefully for the OP, that will happen.

[VanessaTony 3,567]

I think they'll end up denying it and send the money back, although I know everyone will be quick to say they do not refund. I was reading on a different site that they will actually refund in some cases where a petition was filed and paid for but not necessary. So hopefully for the OP, that will happen.

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.

[Samantha78 117]

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

Don't lose hope and don't rely on VJ to give you the 100% correct answer. The gate keepers are USCIS and they should be the ones to tell you what will happen. I would try to elevate the call to speak to a supervisor and explain what happened. Tell them you called several times to confirm you had filed the appropriate form and it turned out to be incorrect. The check being cashed and them being notorious for not refunding is a bad thing but....you never know

Edited January 11, 2012 by sam&jensi

[aaron2020 11,651]

Don't lose hope and don't rely on VJ to give you the 100% correct answer. The gate keepers are USCIS and they should be the ones to tell you what will happen. I would try to elevate the call to speak to a supervisor and explain what happened. Tell them you called several times to confirm you had filed the appropriate form and it turned out to be incorrect. The check being cashed and them being notorious for not refunding is a bad thing but....you never know

This post is for Sam&Jensi. This is not a message for Janulla.

Why should Janulla and her husband be given a refund? The fee is to pay for processing the I-485. USCIS has paid employees and used resources all the way to biometrics on this case. Should all people who apply for the wrong thing have no consequences and be entitled to get their fee back? Should US taxpayers have to bear all the burden for their mistakes? Does it not cost the same to process a case regardless of the outcome?

USCIS is not your lawyer. If you get the wrong advice from a person on the phone, then it's your problem. This is widely known on VJ.

Where did USCIS make an error that would justify a refund?

Edited January 11, 2012 by aaron2020

[Deputy Purple 1,294]

Tell them you called several times to confirm you had filed the appropriate form and it turned out to be incorrect. The check being cashed and them being notorious for not refunding is a bad thing but....you never know

Nobody here knows what exactly was said in those calls or if the Call Center employee was even given enough information to identify the LPR.

Regardless their position will be that it isn't USCIS's responsibility to ensure you fill out the proper forms AND if you actually read the instructions for each form they clearly explain what the form is used for.

This mistake was clearly made by the OP, USCIS has accepted the application and already "worked" it as evidenced by the fact that her husband had a bio-metrics appointment which he attended.

Losing over $1,000 sucks and is a hard lesson to learn but at the end of the day this is neither the responsibility nor fault of anyone at USCIS.

[Samantha78 117]

Nobody here knows what exactly was said in those calls or if the Call Center employee was even given enough information to identify the LPR.

Regardless their position will be that it isn't USCIS's responsibility to ensure you fill out the proper forms AND if you actually read the instructions for each form they clearly explain what the form is used for.

This mistake was clearly made by the OP, USCIS has accepted the application and already "worked" it as evidenced by the fact that her husband had a bio-metrics appointment which he attended.

Losing over $1,000 sucks and is a hard lesson to learn but at the end of the day this is neither the responsibility nor fault of anyone at USCIS.

Well I know that if I sent a $1000.00 check in and after the fact realized I had made a mistake, I'm absolutely going to call to attempt to remedy the issue. And if the end result is I lost the money, then that will be a lesson learned for my lack of attention to the fine print. Nonetheless, a call to USCIS will not hurt anything or be a waste of time. $1000.00 for most of us, isn't chump change.

[Deputy Purple 1,294]

Well I know that if I sent a $1000.00 check in and after the fact realized I had made a mistake, I'm absolutely going to call to attempt to remedy the issue. And if the end result is I lost the money, then that will be a lesson learned for my lack of attention to the fine print. Nonetheless, a call to USCIS will not hurt anything or be a waste of time. $1000.00 for most of us, isn't chump change.

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!

Edited January 11, 2012 by Bob 4 Anna

[Samantha78 117]

This post is for Sam&Jensi. This is not a message for Janulla.

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.

The fee is to pay for processing the I-485. USCIS has paid employees and used resources all the way to biometrics on this case. Should all people who apply for the wrong thing have no consequences and be entitled to get their fee back? Are they getting paid to take the customers money when they will in turn provide no services? Because ti appears that is what you are claiming should happen. I can't see why any person should be penalized for sending in the wrong form. I wonder if maybe they up the fee on I-130 and I129F petitions, if they're work faster (instead of us paying our measly fees and exhausting their employees and used resources).

Should US taxpayers have to bear all the burden for their mistakes? Does it not cost the same to process a case regardless of the outcome? I am a taxpayer. I'm 33 and I've been working full time for 18 years, since the age of 15 (yes, 15). That being said, if I work my butt off to file a form and do something incorrectly because it is already complicated enough and oftentimes requiring the assistance of an attorney.....I sure as hell want a refund. Speaking on my own behalf, of course.

USCIS is not your lawyer. If you get the wrong advice from a person on the phone, then it's your problem. This is widely known on VJ. And people on VJ are not lawyers or professionals either. They are simply voices and advice givers. Are we on VJ any more entitled or authorized to give anyone info as opposed to the actual center you are filing the form at? Sounds pretty crazy to me. I would expect the people that are working in this center and cashing hundreds of checks per day to give the correct information. And if they don't know....then that can easily be stated by the absolutely lovely and kind hearted USCIS reps.

Where did USCIS make an error that would justify a refund? Need i say more?

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.