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ilovemilk

withdraw N400 application. check was just processed. can I get refund?

By ilovemilk in US Citizenship General Discussion

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ilovemilk Rookie

ilovemilk   0

Posted
Filed: Timeline
Posted

Hi,

I just filed N400, and the check was just processed 4 days ago. Due to family reasons, I decided to withdraw my application. So I called USCIS, no problem, I can withdraw, but no refund. It's not that $680 is a lot of money, but since the application fee is meant to cover the whole naturalization process, I feel that I am entitled to at least a percentage of the fee refunded. Any idea how I could approach it? Thank you.

Jamericanlove Proficient

Jamericanlove   31

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

Unoftinately, once your check is processed it's gone. The only way you'd potentially be entitled to a refund is if USCIS made a mistake with your application.

NATURALIZATION
07-03-2013: Eligible to file
07-22-2013: Application sent (Delivered: 07-24-13)
08-05-2013: NOA1 received (Priority date: 07-24-13, Check cashed: 07-29-13)
08-22-2013: Biometrics (Received: 08-06-13, Walk-in: 08-08-13)
09-03-2013: Inline for interview (Yellow letter received: 10-23-13)
11-04-2013: Interview scheduled (Received: 11-09-13)
12-12-2013: Interview (Approved)
01-03-2014: Oath ceremony, passport application and passport received

DONE!

Jay2Pnoy Explorer

Jay2Pnoy   3

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

No refunds at all. Might as well continue with the process, just ask for extensions for fingerprint and interview, drag the application as long as you can, anyways, $680 might not be a lot, but why pay twice.

I-485 Adjustment of Status

10/21/2000 - Entry as B2 visa, changed status to F1

07/25/2005 - Mom filed F2B

03/01/2007 - Filed AOS to Permanent Resident under 245(i) by virtue of Section 203(h)(3) of the Child Status Protection Act of 2001; Public Law 107-208 (CSPA). Automatic Conversion of F2B petition and Retention of Priority date of an F4 petition as derivative beneficiary of dad filed in 1982 by his sister (hereinafter referred to as the "Automatic Conversion and Retention" clause of the CSPA). With the help of a lawyer from Los Angeles - who sent lots of briefs and case laws previously cited by the Board of Immigration Appeals, and Federal Courts to support our arguments.

03/04/2007 - Notice of Action for AOS Received

03/31/2007 - Biometrics Appointment

06/--/2007 - Interviewed in Chicago, District Adjudicator unable to approve AOS outright as more time was needed to review our case arguments, will notify us of the decision.

08/03/2007 - Decision on AOS - "DENIED" on the basis that F2B petition filed by mom was not current. USCIS misconstrued the basis for eligibility for AOS. (Copy of F2B petition mom filed only submitted as evidence that I sought to acquire status as a permanent resident within one year of the availability of the visa (F4 visa current on 12/2004), a requirement for seeking relief under CSPA and INA 203(h)(3))

08/28/2007 - Filed Request for Reconsideration of Decision on Adjustment of Status Application Based on Service (USCIS) Error, that filing for AOS eligibility was based on dad's 1982 petition, that CIS made an error in determining eligibility. (Motion to Reconsider on Form I-290B was filed without a fee, lawyer argued due to the fact that basis for AOS was erred by the Service)

01/24/2008 - Motion to Reconsider/Appeal Rejected by the USCIS District Adjudicator in Chicago due to non-payment of fee.

02/15/2008 - Re-submitted Motion to Reconsider Denial of AOS to Permanent Resident on Form I-290B, Notice of Appeal to the Administrative Appeals Office (AAO), Washington, DC.

02/19/2008 - USCIS received re-filed Motion to Reconsider with a fee of $585. Motion to Reconsider was later transferred to the Administrative Appeals Unit (AAU) in Chicago, IL.

07/28/2008 - Motion to Reconsider Denial of Adjustment on Form I-290B was reconsidered. USCIS Director in Chicago in its own motion submitted a Motion to Reopen, to reopen the case in its entirety. USCIS Director requested for 2nd interview and biometrics (after I sent tons of inquiries to the US Senators Barack Obama and Richard Durbin representing Illinois)

08/02/2008 - 2nd Biometrics Appointment

08/18/2008 - Dad filed another F2B petition requesting F2B conversion from F4 under CSPA and retention of his priority date of 1982. (CSPA decisions and case laws with BIA, Federal Courts and Court of Appeals for the 5th and 9th Circuits do not require that petitioners on later filed F2B petitions be the same as the beneficiary of the original petition, in my case dad was the beneficiary of an F4, but USCIS stance on conversion is that it does not apply to other immigration petitions except F2A and it should not be considered automatic in nature, therefore filing is necessary). A new F2B petition to the derivative beneficiary of the original petition would not have been necessary as afforded by the Act, but the USCIS does not conform to its automatic conversion clause as was on the Act.

09/05/2008 - Email Notice on Adjustment of Status "APPROVAL." (without 2nd interview as originally requested on CIS letter when decided to reopen the case). {Approved AOS based on a hard fought CSPA Automatic Conversion of my F4 derivative status to F2B and Retention of dad's Priority Date of 1982 (therefore making the F2B petition current having retained dad's PD). Law that the government decided to ignore for more than a decade now since the Act was enacted in 2001 signed by President Bush. (The lawyer who represented my case before the District Office Director in Chicago was from the same law firm in Los Angeles who sued the government, in a class action, due to its restrictive interpretation of CSPA denying benefits to those who are otherwise beneficiary of the law, those children of intending immigrants who aged out due to no fault of their own. The law firm was successful in overturning Federal Court ruling in Los Angeles when it appealed the class action to the 9th Circuit Court of Appeals, En Banc decision.) The government then appealed the decision En Banc of the 9th Circuit Court of Appeals (which basically entitled "aged outs", or those derivative beneficiariess of any family based, employment based, diversity visa categories, who turned over 21 yrs of age, to join their parents upon receiving permanent residency status) to the Supreme Court, conjoined Federal Courts decisions out of the 2nd and 5th Circuit Courts of Appeals. PENDING before the Supreme Court, anticipating decision or ruling in 2014.}

09/10/2008 - Received Green Card

N-400 Application for Naturalization

09/05/2013 - Eligibility

06/08/2013 - Sent Form N-400 (90-day rule)

06/10/2013 - Priority Date

06/10/2013 - Check Cashed

07/03/2013 - Biometrics

08/05/2013 - In line for Interview

08/12/2013 - Email Notice N-400 scheduled for Interview

08/19/2013 - Interview Letter - received

09/17/2013 - Interview @ 0930am @ 101 West Congress Parkway, 2nd Floor Citizenship Office, Chicago, IL -- APPROVED!!!

09/18/2013 - Oath Letter - mailed from Chicago USCIS Office

09/19/2013 - Oath Letter - mailed from the National Benefits Center

09/20/2013 - Oath Letter - from Chicago USCIS Office received

09/21/2013 - Oath Letter - from the National Benefits Center received

2 Oath Ceremony Appointment Letters

09/27/2013 - Oath Ceremony

 
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