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Questions & Answers

What happens when an investor places a stop payment on the USCIS filing fee check?

What happens if you put a stop payment on a check for the USCIS filing fee? Are there any possible downsides to doing this and refiling the petition?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A notice will be sent stating that the check bounced and you may have an opportunity to pay and they will add an additional charge (which may be $30 or more). However, in some instances, they will simply bounce the case. Unfortunately, this is not always handled consistently.

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    Barbara Suri

    Immigration Attorney
    Answered on

    If you put a stop payment on a check for the USCIS filing fee, your application will be rejected. This, however, will not preclude you from filing with them again in the future.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If the filing check does not clear for whatever reason, USCIS will return the petition or send an invoice (if the petition has been receipted already for some reason). There are no potential downsides to stopping payment on the check (or to even withdrawing the petition) if the goal is to refile the petition.

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    Jon Eric Garde

    Immigration Attorney
    Answered on

    The application will be rejected.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Why would anyone do such a thing? The USCIS will notify the petitioner of the occurrence of non-payment and possibly demand that another check be issued.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Your application will be rejected and returned to your lawyer.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It may be better to do a withdrawal. Be careful, though; if you are re-filing a Regional Center case the deadline is September 30.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The case you filed will be returned for lacking the filing fee.

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    Jeff Khurgel

    Immigration Attorney
    Answered on

    If there is a problem with the filing fee, typically, USCIS will likely reject the filing in this instance.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    They should return the package to you. In any event, you can certainly refile it.

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