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

Asked about 1 year ago - 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

Additional information

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)

  1. Alexus Paul Sham


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . Not on the facts you give.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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