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
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyA 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.
Barbara Suri
Find an EB-5 Visa Lawyer: Immigration AttorneyIf 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.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyIf 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.
Jon Eric Garde
Find an EB-5 Visa Lawyer: Immigration AttorneyThe application will be rejected.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyWhy 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.
Jimena G Cabrera
Find an EB-5 Visa Lawyer: Immigration AttorneyYour application will be rejected and returned to your lawyer.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt may be better to do a withdrawal. Be careful, though; if you are re-filing a Regional Center case the deadline is September 30.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyThe case you filed will be returned for lacking the filing fee.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyThey should return the package to you. In any event, you can certainly refile it.
Jeff Khurgel
Find an EB-5 Visa Lawyer: Immigration AttorneyIf there is a problem with the filing fee, typically, USCIS will likely reject the filing in this instance.
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