What happens when an investor places a stop payment on the USCIS filing fee check? - EB5Investors.com

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: 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.

Barbara Suri

Barbara Suri

Find an EB-5 Visa Lawyer: 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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Find an EB-5 Visa Lawyer: 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.

Jon Eric Garde

Jon Eric Garde

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The application will be rejected.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Find an EB-5 Visa Lawyer: 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.

Jimena G Cabrera

Jimena G Cabrera

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Your application will be rejected and returned to your lawyer.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: 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.

Jinhee Wilde

Jinhee Wilde

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Dale Schwartz

Dale Schwartz

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Jeff Khurgel

Jeff Khurgel

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.