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How to file motion to reopen abandoned I-131 application? Is the filing fee of I-131 refundable upon denial and how?

Yorba Linda, CA |
Filed under: Immigration

I'm a permanent resident/ Green Card Holder and I'm currently studying in Pakistan. I filed I-131 while I was in US last year prior to coming here but the problem is while I was waiting for a reply from USCIS my classes had already started over here so I missed almost a month of my classes but couldn't wait for more so I came here and then after 14days of arrival in Pakistan I got to know that USCIS has sent me a letter of appointment for Biometrics, at that time I didn't know if I can reschedule it and then now after quite a while another letter is sent to my address in US in which they have denied my application on the reason of abandonment, but along with that they have said I can file a motion to reopen the application which is to their discretion to reopen.

Attorney Answers 1


  1. I would advise against filing a Motion to Reopen. USCIS will only reopen cases if you can show that the denial was due to causes beyond your control. Unfortunately missing a biometrics appointment is not considered outside your control. The filing fees are not refundable upon denial.

    This answer is provided for informational purposes only and does not create an attorney-client relationship. A more detailed explanation can be provided if you contact our offices directly.

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