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USCIS Procedure on Fee Refunds
Posted
Aug 08, 2008
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The U.S. Citizenship and Immigration Services (USCIS) issued a response to
questions from the CIS Ombudsman, Michael T. Dougherty, regarding the USCIS
policy on refunds of filing fees. These clarifications are included in a May
23, 2008 memorandum that was issued by Jonathan Scharfen, Acting Director of
the USCIS.
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CIS Ombudsman's Recommendations
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The CIS Ombudsman recommended that the USCIS make general clarifications of
its refund policy and specifically create a receipt or other system for
tracking refund requests. A full discussion of the CIS Ombudsman's
recommendations and guidance on refunds can be found in our February 8, 2008
MurthyBulletin article,
CIS Ombudsman's
Teleconference on USCIS Fee Refunds, available on MurthyDotCom.
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USCIS Responses
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The memo from Acting Director Scharfen states that clarifications were made
and the USCIS Adjudicator's Field Manual was updated in March 2008. This
update instructs applicants or petitioners either to make their requests by
calling the USCIS customer service line or writing the office that has
jurisdiction over the application or petition in question. If this request
is approved, the USCIS (and not the applicant or petitioner) will complete
the Request for Refund of Fee (Form G-266).
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The USCIS does not assign receipt numbers to refund requests, but these may
be tracked by contacting the USCIS National Customer Service Center (NCSC).
The NCSC, in turn, will submit a service request to a local field office or
service center, asking for a status update on the refund request. A response
should be received by the applicant or petitioner within thirty days.
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Limited Circumstances for Refunds
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The memorandum does not set out the circumstances under which one may ask
for a fee refund. However, it should be emphasized that refunds are
potentially available only in limited situations, when acceptance of the fee
is improper. One example would be premium processing requests, if the case
was not reviewed within the required 15-day period, or in instances of USCIS
error, necessitating the filing of a new petition or application for the
correction. Generally, fees are neither refunded simply because a case is
denied, nor because an ancillary benefit, such as the Employment
Authorization Document (EAD), is no longer needed or desired.
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Conclusion
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We
at the Murthy Law Firm appreciate the efforts on the part of CIS Ombudsman
Dougherty and the information provided by USCIS Acting Director Scharfen. We
will continue to monitor developments regarding USCIS refunds and their
tracking, to provide MurthyDotCom and MurthyBulletin readers
with valuable updates.
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FIRM. All Rights Reserved

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