Jay & Shiela
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Posts posted by Jay & Shiela
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15 hours ago, Suss&Camm said:
The instructions clearly state that the fee is non-refundable regardless of the action taken with the case. Several times even.. :/
Actually, according to the USCIS Website They can Refund the filing fee in "Certain Cases." I believe it would only be a refund for the I-751 not the Appeal itself.
Here is a link i found on it. I know its Extremely rare but there is a possibility and if he were ro get a senator involved get proof the uscis was in the wrong he may be able to get a refund.
https://my.uscis.gov/helpcenter/article/3049
The USCIS Website gives a list of several different types situations in which the filing fee may be refunded. But i believe you would need to show without any doubt that it was the fault of the USCIS.
However in this particular situation where his petition was denied due to abandonment i believe would fall under the "other" category as the site states:
• Other – There may be other instances where a refund is appropriate based on USCIS error.
Note: If you believe you may be entitled to a refund, please call our toll-free number at 1-800-375-5283 for assistance.
https://my.uscis.gov/helpcenter/article/3049
ADDITIONALLY
If im reading this correctly, they may refund the original filing fee of the i-751not the subsequent fees related re-filing, or an Appeal. ?
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15 hours ago, timorito said:
if its indeed their fault..they still charge?
If it was truly the fault of the US Customs and Immigration Services, you can request a refund. Refunds are rare, but if it was truly the fault of the USCIS they do make exceptions. Here Is a like to their site on the list of exceptions to which they may grant a refund. I believe you will be covered under, "Other."
https://my.uscis.gov/helpcenter/article/3049
The USCIS Says
Is the filing fee refundable?
In general, USCIS does not refund a fee regardless of the decision on the application unless there is a finding of USCIS error. Instances of USCIS error are as follows:
• Unnecessary Filing - USCIS (or the Department of State in the case of an application or petition filed overseas) erroneously requested an unnecessary application or petition and collected a fee;
• Payment in Excess of Amount Due – USCIS (or the Department of State in the case of an application or petition filed overseas) erroneously accepted and processed an application or petition with a fee in excess of the amount due;
• Failure to Meet Premium Processing Times – USCIS will refund the fee provided with Form I-907 whenever USCIS did not approve, deny, issue a Notice of Intent to Deny, send a Request for Evidence, or open a fraud investigation relating to an application or petition within 15 calendar days of receiving the application or petition accompanied by Form I-907 with the required fees;
• Other – There may be other instances where a refund is appropriate based on USCIS error.
Note: If you believe you may be entitled to a refund, please call our toll-free number at 1-800-375-5283 for assistance.
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Once you do all of that or even while your doing it, Get on the phone with your State Senators Office and they will give you a case worker who may be able to resolve it ASAP, Let them know all the steps you have taken. Provide them with the Case Number that was denied and all pertinent information with the steps you are taking and have already taken. And they usually, can get things done!
If you dont know how to contact your U.S. senator Here is a website to help you look up their contact information give them a call, if they dont want to help keep calling them until they do.
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Start Here,
Call the USCIS Speak with a Level 2 Officer. State your dilemma and advise that you just received a denial letter due to abandonment but have not received correspondence other than the Biometrics Appt. Letter and the Denial Letter. Request to know what other correspondence has been sent and to what address it was sent to. Verify the Address it was sent to matches your address and if any was returned undeliverable.
If you moved, you should have filled out an AR-11 Change of Address Form. If the correspondence they sent you was returned to them undeliverable or return to sender, and you filled out the change of address, ask what that officer can do to assist you. If he is not able to help Request to Speak with a Level 2 Immigration Officer Supervisor, often times they have to arrange to call you back. in any case Explain the situation to him or her and they should be able to point you in the right direction. I would even request that he contact the officer who denied your case If it was an error on the half of the USCIS as it is within the power of a level 2 supervisor to do so.
Here is a Link to the USCIS Website on the Levels of Support and what a L2 Officer and L2 Supervisor Can do to assist.
https://www.uscis.gov/policymanual/Print/PolicyManual-Volume1-PartA-Chapter3.html
Here is what the Site Says about the level of support a Tier 2 Supervisor can offer.
The USCIS States:
USCIS Tier 2 supervisor has the ability to contact USCIS field offices, asylum offices, service centers, and the National Benefits Center through designated points of contact to address any issues that require immediate action or direct assistance. When appropriate for the situation, a supervisor may:
•Verify the information provided to the customer by the USCIS officer.
•Directly contact the appropriate USCIS office to determine if any additional options may be available to resolve the caller’s issue (if needed).
•Create a Service Request if the issue cannot be resolved by the NCSC.
•Request that the appropriate office take action to alleviate any unnecessary additional wait times, if the caller’s issue resulted from a USCIS error.
If the officer can resolve it great but I would still do the following, just to cover this from every angle.
ADDITIONALLY,
When you Speak with a Level 2 Supervisor Make sure they have your correct address on file.
Then on top of all of that, I would personally write a letter to the Officer that Denied your case, provided his information is on the denial letter, and send him copies of all proof of address, or address changes since you filed the case. If your address changed include a copy of your AR-11 with that letter. if you have it and plead your case.
Additionally, send the i290 appeal form with the fee to the USCIS. Include a Copy of the denial letter and a copy of your personal Letter to the officer who denied your case with copies again of proof of your address and/or address change (AR-11) if available. And submit all documents with the appeal required by the USCIS.
Send all of this as quickly as possible before they file removal proceedings.
If it was truly the fault of the US Customs and Immigration Services, you can request a refund. Refunds are rare, but if it was truly the fault of the USCIS they do make exceptions here is a link on how to request a refund. https://my.uscis.gov/helpcenter/article/3049
I do hope this helps, and that everything works out for you. J
Regards,
Jason P.
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Finally we were approved on the 15th and I got my 10 Year Green Card on the 21st of March!! YAY
California Service Center (50 applicants, 44 approved - 88%)
VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
NLR...................04/27/15......04/30/15......06/09/15......10/07/15
KIRAN&SALMAN..........04/27/15......05/01/15......06/09/15......10/22/15
BLUE BIANCHI..........04/28/15......04/29/15......06/08/15......10/05/15
DSANCHEZ16............04/29/15......05/01/15......06/04/15......03/30/16
AWKWARDSOUL...........04/30/15......05/01/15......06/03/15......09/14/15(Interview 09/14)
JNJ13.................05/02/15......05/04/15......06/12/15......08/07/15
ANDIIBEE..............05/02/15......05/04/15......06/01/15......--/--/--KDW03.................05/02/15......05/06/15......06/08/15......01/14/16
FON91.................05/02/15......05/04/15......06/02/15......08/17/15
LOST_AT_SEA...........05/06/15......05/08/15......06/10/15......08/07/15
NATE&GLADYS...........05/06/15......05/07/15......06/11/15......10/29/15
NEODRAGON0l...........05/07/15......05/08/15......06/11/15......10/26/15
CAR0593...............05/07/15......05/07/15......06/16/15......11/04/15(Got I-551 stamp 06/18)
HIKERGIRL.............05/09/15......05/11/15......06/09/15......10/22/15(Got I-551 stamp 06/09 Adult CR-2)
SPARCLIGHT............05/09/15......05/21/15......06/15/15......11/02/15
TENGK.................05/09/15......05/11/15......07/29/15......08/28/15
L AND T...............05/11/15......05/18/15......06/19/15......08/12/15
VALLERY604............05/11/15......05/15/15......06/19/15......08/18/15
JKB11.................05/11/15......05/18/15......06/16/15......09/24/15 (Early Bio 06/15) (Got I-551 stamp 07/09)
MASHIKHE..............05/11/15......05/13/15......06/18/15......--/--/--
BENOI027..............05/11/15......05/13/15......06/18/15......08/06/15
SMKR..................05/11/15......05/13/15......--/--/15......--/--/--
ALA_TIKA..............05/14/15......05/18/15......06/18/15......09/26/15 (Received RFE 08/28, responded 09/16)
ALPHATHEGR8...........05/15/15......05/18/15......08/24/15......01/20/16 (Received RFE 10/22/15, responded 01/07/16)
COSTENA...............05/16/15......05/18/15......08/28/15......10/01/15
CORI AND ROB..........05/16/15......05/18/15......06/17/15......08/15/15
TIGERFLOWER...........05/18/15......05/21/15......06/16/15......11/02/15
DALLAS13..............05/18/15......05/20/15......06/18/15......10/16/15
DAWNNETTE.............05/18/15......05/20/15......08/25/15......10/19/15
I_ANGGA...............05/18/15......05/22/15......08/27/15......--/--/--
HURLR.................05/18/15......05/26/15......08/26/15......--/--/--
RYAN76................05/18/15......05/26/15......09/17/15......10/06/15
TEAMMCGREGOR..........05/19/15......05/22/15......08/27/15......10/02/15
JDBA .................05/20/15......05/22/15......08/26/15......10/06/15
WILDFIRE7.............05/20/15......05/26/15......09/18/15......10/28/15
NYAGEM................05/21/15......05/22/15......08/28/15......10/29/15
KOKONINICKO...........05/21/15......05/26/15......08/14/15......12/08/15
OCEANBORN.............05/22/15......05/26/15......08/20/15......11/03/15
USAF&COP..............05/22/15......05/26/15......08/07/15......11/03/15
VEER143...............05/22/15......05/??/15......07/21/15......10/29/15(Got I-551 stamp 08/10)
M.O...................05/22/15......05/29/15......08/24/15......10/19/15
THEMCGEES.............05/23/15......05/28/15......08/26/15......11/16/15
TASHIRED..............05/26/15......05/28/15......08/27/15......10/27/15(Early Bio 08/21)
TOM & STACY...........05/26/15......--/--/15......--/--/15......--/--/--
AGRABS................05/26/15......05/28/15......09/15/15......10/26/15
TAWANDA&MARIO.........05/26/15......05/29/15......08/31/15......10/12/15
VNGBUSA...............05/27/15......05/28/15......08/24/15......10/19/15
CDNBELLE..............05/27/15......05/29/15......08/25/15......11/02/15
GOODBAR...............05/27/15......05/29/15......09/16/15......02/08/16(Early Bio 09/08) (Received RFE 01/06, responded 01/25)
JUAN L................05/29/15......06/01/15......06/26/15......11/12/15
Vermont Service Center (36 applicants, 20 approved - 56%)
VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
STILLWAITING123.......04/27/15......05/05/15......06/01/15......02/17/16ANNIESDREAM...........04/29/15......05/01/15......06/01/15......03/10/16(Early Bio 05/26)
LUCIDSOFIA............04/29/15......05/04/15......06/02/15......03/04/16(Early Bio 05/28)ELIZPATY..............04/29/15......05/04/15......06/02/15......--/--/--
FANTONLEDZEPP.........04/30/15......05/04/15......06/03/15......02/29/16
CASPER123.............04/30/15......05/04/15......06/04/15......12/21/15(10 Year Green Card Received 12/31/2015)SIKAHUNTER_NZ.........04/30/15......05/08/15......--/--/15......03/02/16
MERICO61609...........05/01/15......05/12/15......06/02/15......--/--/--
S & H.................05/02/15......05/06/15......06/05/15......03/14/16
TSEKUB................05/02/15......05/07/15......06/09/15......03/01/16
ZZ TOP................05/04/15......05/07/15......06/09/15......03/02/16CHARMANDER............05/05/15......05/12/15......06/10/15......03/28/16
ZIGINSHO1.............05/06/15......05/07/15......06/11/15......--/--/--
MINDTHEGAP............05/06/15......05/07/15......06/10/15......--/--/--(Bio done on 06/29)
VICKI&NANUKA..........05/06/15......05/11/15......06/11/15......--/--/--(Early Bio 06/03)
CELESTE & C...........05/07/15......05/12/15......06/12/15......03/14/16
JJ33065...............05/07/15......--/--/--......06/30/15......--/--/--(NO NOA,Got I-551 stamp 07/30)
MRSVMIRA..............05/07/15......--/--/15......06/12/15......03/01/16(Missing NOA1)
AYMANDIDI.............05/08/15......05/11/15......06/09/15......03/03/16(Got I-551 stamp 09/15)
JSLEKCUN..............05/09/15......05/12/15......06/11/15......02/18/16JNB...................05/09/15......05/12/15......06/10/15......03/28/16
GCLONGWAIT............05/12/15......--/--/15......--/--/15......--/--/--(RFE received 03/04/16??)
A & C.................05/16/15......05/19/15......06/16/15......03/11/16
ANANA.................05/16/15......05/19/15......06/17/15......--/--/--RAJAKAMI99............05/16/15......05/26/15......06/21/15......03/22/16
MR&MRSHARRIS..........05/18/15......--/--/15......--/--/15......--/--/--
JP AND TEE............05/18/15......--/--/15......--/--/15......--/--/--
RPAK..................05/18/15......06/02/15......09/03/15......02/25/16(Rescheduled because 1st bio notice was never received)
STARLIGHTZ............05/19/15......--/--/15......--/--/15......--/--/--
X FACTOR..............05/20/15......05/26/15......07/07/15......03/17/16(Reschedule bio from 06/26 to 07/07/15)
DAYRYMAMBO22..........05/22/15......06/01/15......06/29/15......--/--/--
GAMM3.................05/23/15......05/26/15......06/??/15......--/--/--(Early Bio 06/11)
TY WEBB...............05/23/15......05/29/15......07/02/15......--/--/--
MORNINGMIST...........05/26/15......05/28/15......06/26/15......03/23/16
ROBHAA................05/26/15......06/01/15......07/02/15......--/--/--
JAYPHILL22............05/28/15......06/01/15......06/24/15......03/15/16
IMPORTANT!
*DO NOT REMOVE THE INSTRUCTIONS!!
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Date of I-751 = The Date you sent your application.
NOA Date = The Receipt Date on your original NOA letter.
Biometrics = The Date of your biometrics appointment.
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Received the Approval letter on the 15th and today we just received a text saying we would be receiving the green card within 60 days!!!
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Adding Myself
California Service Center (50 applicants, 41 approved - 82%)
VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
NLR...................04/27/15......04/30/15......06/09/15......10/07/15
KIRAN&SALMAN..........04/27/15......05/01/15......06/09/15......10/22/15
BLUE BIANCHI..........04/28/15......04/29/15......06/08/15......10/05/15
DSANCHEZ16............04/29/15......05/01/15......06/04/15......--/--/--
AWKWARDSOUL...........04/30/15......05/01/15......06/03/15......09/14/15(Interview 09/14)
JNJ13.................05/02/15......05/04/15......06/12/15......08/07/15
ANDIIBEE..............05/02/15......05/04/15......06/01/15......--/--/--KDW03.................05/02/15......05/06/15......06/08/15......01/14/16
FON91.................05/02/15......05/04/15......06/02/15......08/17/15
LOST_AT_SEA...........05/06/15......05/08/15......06/10/15......08/07/15
NATE&GLADYS...........05/06/15......05/07/15......06/11/15......10/29/15
NEODRAGON0l...........05/07/15......05/08/15......06/11/15......10/26/15
CAR0593...............05/07/15......05/07/15......06/16/15......11/04/15(Got I-551 stamp 06/18)
HIKERGIRL.............05/09/15......05/11/15......06/09/15......10/22/15(Got I-551 stamp 06/09 Adult CR-2)
SPARCLIGHT............05/09/15......05/21/15......06/15/15......11/02/15
TENGK.................05/09/15......05/11/15......07/29/15......08/28/15
L AND T...............05/11/15......05/18/15......06/19/15......08/12/15
VALLERY604............05/11/15......05/15/15......06/19/15......08/18/15
JKB11.................05/11/15......05/18/15......06/16/15......09/24/15 (Early Bio 06/15) (Got I-551 stamp 07/09)
MASHIKHE..............05/11/15......05/13/15......06/18/15......--/--/--
BENOI027..............05/11/15......05/13/15......06/18/15......08/06/15
SMKR..................05/11/15......05/13/15......--/--/15......--/--/--
ALA_TIKA..............05/14/15......05/18/15......06/18/15......09/26/15 (Received RFE 08/28, responded 09/16)
ALPHATHEGR8...........05/15/15......05/18/15......08/24/15......01/20/16 (Received RFE 10/22/15, responded 01/07/16)
COSTENA...............05/16/15......05/18/15......08/28/15......10/01/15
CORI AND ROB..........05/16/15......05/18/15......06/17/15......08/15/15
TIGERFLOWER...........05/18/15......05/21/15......06/16/15......11/02/15
DALLAS13..............05/18/15......05/20/15......06/18/15......10/16/15
DAWNNETTE.............05/18/15......05/20/15......08/25/15......10/19/15
I_ANGGA...............05/18/15......05/22/15......08/27/15......--/--/--
HURLR.................05/18/15......05/26/15......08/26/15......--/--/--
RYAN76................05/18/15......05/26/15......09/17/15......10/06/15
TEAMMCGREGOR..........05/19/15......05/22/15......08/27/15......10/02/15
JDBA .................05/20/15......05/22/15......08/26/15......10/06/15
WILDFIRE7.............05/20/15......05/26/15......09/18/15......10/28/15
NYAGEM................05/21/15......05/22/15......08/28/15......10/29/15
KOKONINICKO...........05/21/15......05/26/15......08/14/15......12/08/15
OCEANBORN.............05/22/15......05/26/15......08/20/15......11/03/15
USAF&COP..............05/22/15......05/26/15......08/07/15......11/03/15
VEER143...............05/22/15......05/??/15......07/21/15......--/--/--(Got I-551 stamp 08/10)
M.O...................05/22/15......05/29/15......08/24/15......10/19/15
THEMCGEES.............05/23/15......05/28/15......08/26/15......11/16/15
TASHIRED..............05/26/15......05/28/15......08/27/15......10/27/15(Early Bio 08/21)
TOM & STACY...........05/26/15......--/--/15......--/--/15......--/--/--
AGRABS................05/26/15......05/28/15......09/15/15......10/26/15
TAWANDA&MARIO.........05/26/15......05/29/15......08/31/15......10/12/15
VNGBUSA...............05/27/15......05/28/15......08/24/15......10/19/15
CDNBELLE..............05/27/15......05/29/15......08/25/15......11/02/15
GOODBAR...............05/27/15......05/29/15......09/16/15......--/--/--(Early Bio 09/08)
JUAN L................05/29/15......06/01/15......06/26/15......11/12/15
Vermont Service Center (35 applicants, 11 approved - 31%)
VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
STILLWAITING123.......04/27/15......05/05/15......06/01/15......02/17/16ANNIESDREAM...........04/29/15......05/01/15......06/01/15......--/--/--(Early Bio 05/26)
LUCIDSOFIA............04/29/15......05/04/15......06/02/15......03/04/16(Early Bio 05/28)ELIZPATY..............04/29/15......05/04/15......06/02/15......--/--/--
FANTONLEDZEPP.........04/30/15......05/04/15......06/03/15......02/29/16
CASPER123.............04/30/15......05/04/15......06/04/15......12/21/15(10 Year Green Card Received 12/31/2015)SIKAHUNTER_NZ.........04/30/15......05/08/15......--/--/15......03/02/16
MERICO61609...........05/01/15......05/12/15......06/02/15......--/--/--
S & H.................05/02/15......05/06/15......06/05/15......--/--/--
TSEKUB................05/02/15......05/07/15......06/09/15......03/01/16
ZZ TOP................05/04/15......05/07/15......06/09/15......03/02/16
ZIGINSHO1.............05/06/15......05/07/15......06/11/15......--/--/--
MINDTHEGAP............05/06/15......05/07/15......06/10/15......--/--/--(Bio done on 06/29)
VICKI&NANUKA..........05/06/15......05/11/15......06/11/15......--/--/--(Early Bio 06/03)
CELESTE & C...........05/07/15......05/12/15......06/12/15......--/--/--
JJ33065...............05/07/15......--/--/--......06/30/15......--/--/--(NO NOA,Got I-551 stamp 07/30)
MRSVMIRA..............05/07/15......--/--/15......06/12/15......03/01/16(Missing NOA1)
AYMANDIDI.............05/08/15......05/11/15......06/09/15......03/03/16(Got I-551 stamp 09/15)
JSLEKCUN..............05/09/15......05/12/15......06/11/15......02/18/16JNB...................05/09/15......05/12/15......06/10/15......--/--/--
GCLONGWAIT............05/12/15......--/--/15......--/--/15......--/--/--(RFE received 03/04/16??)
A & C.................05/16/15......05/19/15......06/16/15......--/--/--
ANANA.................05/16/15......05/19/15......06/17/15......--/--/--RAJAKAMI99............05/16/15......05/26/15......06/21/15......--/--/--
MR&MRSHARRIS..........05/18/15......--/--/15......--/--/15......--/--/--
JP AND TEE............05/18/15......--/--/15......--/--/15......--/--/--
RPAK..................05/18/15......06/02/15......09/03/15......02/25/16(Rescheduled because 1st bio notice was never received)
STARLIGHTZ............05/19/15......--/--/15......--/--/15......--/--/--
X FACTOR..............05/20/15......05/26/15......07/07/15......--/--/--(Reschedule bio from 06/26 to 07/07/15)
DAYRYMAMBO22..........05/22/15......06/01/15......06/29/15......--/--/--
GAMM3.................05/23/15......05/26/15......06/??/15......--/--/--(Early Bio 06/11)
TY WEBB...............05/23/15......05/29/15......07/02/15......--/--/--
MORNINGMIST...........05/26/15......05/28/15......06/26/15......--/--/--
ROBHAA................05/26/15......06/01/15......07/02/15......--/--/--
JAYPHILL22............05/28/15......06/01/15......06/24/15......--/--/--
IMPORTANT!
*DO NOT REMOVE THE INSTRUCTIONS!!
* Make sure that your VJ Text Editor setting is set to Rich Text Editor.
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Case denies due to.abandonment???!!!! see attachments please
in Adjustment of Status Case Filing and Progress Reports
Posted
Hey Suss&Camm I Just wanted to put that out there so timorito knew that there is a possible chance he might be able to get the original Filing fee of the original application refunded if he is able to prove it was there fault. But no chance for a refund of the I-290B.