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Does USCIS refund the petition money for filing for a green card?

New York, NY |

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

will the USCIS officer look at his new petition kind of strange? I would assume that maybe due to that fraud marking, he will not be allowed to just "abandon" his 751 conditional status like that, right? They would demand that he forgets the new petition and proves to them that the marriage was real. I've spoken to a uscis officer in person and he is the one who will interview my ex. Again, my ex has not filed for the eb1a yet, but he will soon. I simply thought that the uscis does not have to refund him the eb1a petition money and will keep it while telling him to submit hsi 751 by payign for it anew.

Attorney Answers 3


Generally USCIS does not refund money. The fee is for filing the application

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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No agency of any government ever refunds any fees it collects for any type of application once it has received them. And USCIS is no exception to that universal rule.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Got it! Thank you. So once he applies for that eb1a and pays (let's say $1,500) the filing fees, and then receives a notice reminding him of his 751 wiver, then not only has he lost the eb1a filing fees, but now he has to pay the fees necessary to file the 751 waiver, right? I think I understood you crystal clear, but wanted to still double check. I can't believe his stupidity actually, but hey he committed crime, let him pay for it lol.



haha...paying the immigration twice....that's something! :)


Not on the facts you give.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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