Refund from previous applications?

[Visitor User 240]

My lawyer filed for Expanded DACA but the program was halted by the judge so it was never implemented. Is there a way to get the application refund?

 

I also have a petition for I-130 in F4 category (USC Brother) from 2011 but my current I-485 Supplement A and I-765 is pending through FB1 category. If I get approved for a Green Card through FB1. Is there a way to get a refund for I-130 F4 petition?

[aleful 1,905]

no, no refunds

 

 

[Visitor User 240]

30 minutes ago, aleful said:

no, no refunds

 

 

eDACA never went into effect though.

[aleful 1,905]

hi

 

it doesn't matter, immigration doesn't refund

 

you can cancel them, withdraw a case, but they won't refund

 

 

[NancyLyz 58]

USCIS never refunds. Once they cashed the check, your money is gone.

[Visitor User 240]

3 hours ago, NancyLyz said:

USCIS never refunds. Once they cashed the check, your money is gone.

What if I open a service request?

Edited July 31, 2018 by Visitor User

[PollyC 119]

12 hours ago, Visitor User said:

What if I open a service request?

I agree with Nancy, if they cashed your payment, I'm sorry there's no chance.

 

if you want to TRY, of course, you can call USCIS to "re-confirm". 

[NancyLyz 58]

13 hours ago, Visitor User said:

What if I open a service request?

A service request has nothing to do with your application fees. 

https://egov.uscis.gov/e-Request/Intro.do

 

If you look at USCIS page for service request, refund or application fees related issues aren't even listed on the website. 

 

The rules about refund can be found here: https://www.federalregister.gov/documents/2016/10/24/2016-25328/us-citizenship-and-immigration-services-fee-schedule

 

J. Refunds

In the NPRM, DHS proposed a minor change in the provision regarding USCIS fee refunds. See proposed 8 CFR 103.2(a)(1); 81 FR 26936. In general, and except for a premium processing fee under 8 CFR 103.7(e)(2)(i), USCIS does not refund a fee regardless of the decision on the immigration benefit. However, USCIS will refund a fee if the agency determines that an administrative error occurred resulting in the incorrect collection of a fee. See 81 FR 26920-26921. DHS proposed to revise 8 CFR 103.2(a)(1) to provide that fees are “generally” not refunded. This would address concerns that the current regulatory text does not explicitly permit refunds at DHS discretion. DHS currently grants such refunds because as electronic filings and associated electronic payments have increased, there has been an increase in the number of erroneous payments where refunds are appropriate.

Some commenters stated that they supported the regulatory change to clarify that USCIS does not generally allow refunds, but that a refund may occur as a result of administrative error or unnecessary payment. See 81 FR 26936. DHS has made no change based on these comments. DHS is finalizing this provision as proposed.

 

 

 Upon further research into 81 FR 26936 (https://www.federalregister.gov/documents/2016/05/04/2016-10297/us-citizenship-and-immigration-services-fee-schedule), USCIS further explains the "generally not refunded" clauses.

 

5. REFUNDS

DHS proposes a minor change in the provision regarding USCIS fee refunds. See8 CFR 103.2(a)(1) (providing that filing fees and biometric service fees are non-refundable.).^[70] In general, and except for a premium processing fee under 8 CFR 103.7(e)(2)(i),^[71] USCIS does not refund a fee regardless of the decision on the immigration benefit Start Printed Page 26921request. USCIS will refund a fee if the agency determines that an administrative error occurred resulting in the incorrect collection of a fee. Examples of USCIS errors include:

• Unnecessary filings. Cases in which USCIS (or DOS in the case of an immigration benefit request filed overseas) erroneously requests that an individual file an unnecessary form along with the associated fee; and
• Accidental payments. Cases in which an individual pays a required fee more than once or otherwise pays a fee in excess of the amount due and USCIS (or the DOS in the case of an immigration benefit request filed overseas) erroneously accepts the erroneous fee.

DHS is proposing that 8 CFR 103.2(a)(1) be revised to provide that fees are “generally” not refunded. See proposed 8 CFR 103.2(a)(1). This would address concern that the current regulatory text does not explicitly permit refunds at DHS discretion. DHS currently grants such refunds because as electronic filings and associated electronic payments have increased, there has been an increase in the number of erroneous payments where refunds are appropriate. For example, an applicant may be charged twice in error due to technical issues related to the specific device, software, or internet connection used to pay the fee. In such a case, if the request is not rejected for an erroneous payment, a refund may be appropriate. DHS is proposing to continue the practice of providing these refunds in limited circumstances where refunds are justified. Applicants would continue to request refunds by calling the USCIS customer service line or submitting written requests to the office having jurisdiction over the relevant filing.

 

In short, almost anything that USCIS has cashed is spilled milk and you're not going to get it back unless:

 

1. USCIS mistakenly requested you to submit and to pay for a form when in fact you don't need to. (E.g. You have submitted and paid for I130, I485, I765, and I131 concurrently for your adjustment of status but they mistakenly requested you to submit a I751 or I140 and subsequently you paid for that. Later USCIS realizes that they make a mistake so they return the forms and the fees related to the I751 or I140.);

 

2. You paid more than what you should or you paid twice. (E.g. You have submitted and paid for I130, I485, I765, and I131 concurrently for you adjustment of status which should cost you $1760. However, because you didn't realize that fees for I765 and I131 are waived when they're filed concurrently, so you paid the extra $410 + $575. In this case, USCIS will return either return all the fees and forms asking for you to resubmit it correctly, or return part of the packages and fees to correct your mistake)

 

Hope this can answer your questions. But hey if you do have the time, you sure can try and talk to a tier-2 officer to see if there is any chance of getting anything back. Just don't keep your hopes up.