My ex still has his conditional green card, which is about to expire in 3 months. He is going to file for an extraordinary ability case without filing 751 waiver on his existing card. I've reported him for fraud and he's under watch by the USCIS right now. What I am wondering is when he files for his EB1A case now, he needs to send the USCIS check just as when we first filed for our marriage petition with the USCIS. Will the USCIS accept that money for the new EB1A case or will they refund him all that he paid with a request that he files for a waiver through 751 instead? My main issue here is if the USCIS will refund him the eb1a money even if the uscis decides that he needs to concentrate on his 751 case, and not a new green card through the eb1a. He is marked as fraud in the system, so
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