Me and my husband filed forms I-485 and I-765 and paid our fees in Janurary 2018. We finally got our interview May 31, and just recently received our approval letter and still no EAD. I got an email informing me that my application for form I-765 was closed" benefits through other means". My problem is that we never got his EAD the application wasn't processed and now that the green card has been approved they closed the case and got my $410.
The EAD was free, there is no refund.
You may wish to read the instructions on the forms.
All answers submitted in response to posted questions are for general information purposes only and must not be construed as legal advice. Seek legal advice via a private consultation directly with all pertinent facts of your case in plain view for discussion. The nature of this forum is to render general advice only.
If you filed the I-765 at the same time as you filed the adjustment of status application, there would be no filing fee.
If you filed the employment authorization application at a later date separately, there would have been a filing fee.
If you had filed the employment authorization at the time you filed the adjustment application and was somehow paid an extra fee for the I765 and USCIS had cashed your check, you would be entitled to a refund of the $410.
IF your question is whether you are entitled to a refund simply because you are granted permanent residence prior to even getting employment authorization, the answer is no. That is a frequent occurrence with all the delays in processing employment authorization and the fact that sometimes, interviews on adjustment cases get scheduled in less than four months if one is lucky.
The EAD is included in the initial filling and there is no fee. There is no refund
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline