Will the USCI reject my application altogether if my check bounces due to an internal technical issue with my bank? The problem pertains with the serial number of the check, which I wasn’t aware of until I issued it. What solutions are there?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysYes, they will reject it but may give you a second chance. Best to refile with new checks.
Renata Duarte
EB-5 Immigration attorneysAccording to the USCIS Policy Manual, if a payment is returned as unpayable for reasons other than insufficient funds (e.g., a technical issue like an incorrect serial number), USCIS does not resubmit the payment. In such cases, USCIS may reject or deny the benefit request as improperly filed. USCIS will notify you if your application is rejected or denied due to payment issues and will usually send the package back with a rejection notice. It can take quite some time so you will probably want to discuss with your licensed attorney the possibility of sending USCIS a new package.
Lynne Feldman
EB-5 Immigration attorneysIf it is rejected, eventually they will send back and you can re-submit.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysYou should first confirm with the bank if they are certain that the check will bounce. If yes, your petition (including adjustment of status application filed concurrently, if any) will be rejected (i.e. not received for processing) and sent back to you or your attorney. If that happens, you can refile the case with the correct check. If your status is expiring soon, you should consider refiling ASAP, as your case is not properly filed when it was rejected.
Calvin Kourosh Azadi, Esq.
EB-5 Immigration attorneysIf the Immigration fees checks bounced, Immigration will return your application. You can then include new checks/payment and re-file your application.
Rani Emandi
EB-5 Immigration attorneysThe USCIS will request payment immediately and could also reject the petition. The attorney will advise you once the notice arrives from the USCIS.
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