Rejected and returned I-485.

[Msafiri]

Your help will be greatly appreciated.

My entire application was rejected and returned to me and the reason was incorrect payment. In 2015, I had a case in immigration court and after the judge terminated the case he instructed me to send form I-485 alone with no supporting documents to TSC with a payment of $1070 and $85 for biometrics, I even had my biometrics taken and received EADs . The application and payment were accepted in 2015. Now in April of 2019, I sent a new updated form I-485 with all the supporting documents to Chicago lockbox with the I797 showing payment was received of $1070+$85. The fee has gone up by $70 since.

My question is, am I required to pay the whole amount again or just the difference of $70? Why would they ask for another full payment? Also when I resubmit the package, do I need to send it as is or send fresh forms and documents? Does this mean that the only issue they had with my application was the incorrect payment or can they still send RFEs.

Could it be that I sent the package to the wrong address? Maybe I should have sent it to TSC who processed my checks.

I can't find a single case with the same kind of issue anywhere online.

[care_candidate]

You only need to make paying once per form.

What is the reason of gap between 2015 and 2019?

[JoeF]

Why did you send a new I-485? Your narrative doesn't make much sense.

Send whatever documents they requested with a reference to the existing I-485. If they didn't request any new documents then don't send anything.

[Msafiri]

Initially we waited until after our second anniversary, then it was issues with I864, then I had to retake all my immunization etc. It took that long.

The problem is that I can't find any instructions on what to do in this scenario and USCIS offered no help. The rejection letter only said incorrect payment even after including 2 receipts showing I paid. 

I am hoping it's the $70 difference since the fee went up.

[care_candidate]

You don't have an attorney for I-485?

[Msafiri]

No Attorney. I had one earlier. Looks like I might need one again.

They should have instructions on what to do in my case. The immigration court makes you pay for the application and biometrics and specifically instructs you not to send any supporting documents.

From what I have seen so far, in most cases the judge closes the case before you pay...or after paying and bio, you submit supporting documents to the court then when the judge closes the case, the A file is sent to USCIS field office.

I've seen only two people so far ( unfortunately they posted the question on avvo) with this exact situation where they've paid and done biometrics but the case was closed before the supporting documents were filed in court.

I don't know why USCIS completely ignored my two receipts showing that the fees were paid. Their customer service was not helpful either. I might have to request a refund if they insist that I pay again.

[Msafiri]

DHS website say..

Please remember that when you submitted the copy of the basic I-485 application (without supporting documentation) and your fees to the USCIS Texas Service Center under the pre-order instructions that you were given in immigration court, you were not filing the application with USCIS for adjudication at that time. Instead, you were only taking the necessary preliminary steps to pay the fees and get a fee receipt before you actually filed the original I-485 with the immigration court. Now that your removal proceedings have been terminated, you must ensure that your I-485 is properly pending for adjudication with USCIS if you still wish to seek adjustment of status. 

[JoeF]

You really need to provide background from the start, and not piecemeal and indirectly through quotes.

So, you apparently were in removal proceedings. That's a very unique situation and you should get a lawyer.

[Msafiri]

I provided the background in my original post. I stated I was in immigration court. I quoted department of Homeland security website because you said my 'narrative doesn't make sense' .

I am just looking for someone with a similar situation and who can actually offer helpful advice. It's already frustrating as is. I am currently calling attorneys but I also want to have an idea of why they rejected the application.

[care_candidate]

On 5/1/2019 at 8:11 AM, Msafiri said:

DHS website say..

Please remember that when you submitted the copy of the basic I-485 application (without supporting documentation) and your fees to the USCIS Texas Service Center under the pre-order instructions that you were given in immigration court, you were not filing the application with USCIS for adjudication at that time. Instead, you were only taking the necessary preliminary steps to pay the fees and get a fee receipt before you actually filed the original I-485 with the immigration court. Now that your removal proceedings have been terminated, you must ensure that your I-485 is properly pending for adjudication with USCIS if you still wish to seek adjustment of status. 

Wo!! Removal proceeding...There is half of your answer

For other half, do seek attorney

[JoeF]

On 5/2/2019 at 12:32 PM, Msafiri said:

I provided the background in my original post. I stated I was in immigration court. I quoted department of Homeland security website because you said my 'narrative doesn't make sense' .

I am just looking for someone with a similar situation and who can actually offer helpful advice. It's already frustrating as is. I am currently calling attorneys but I also want to have an idea of why they rejected the application.

Being in immigration court doesn't say that it is about deportation. We are not lawyers who may equate it with that.

People here are lay people. We don't know that you mean y when you say x.

You need to see a lawyer.

[Msafiri]

I found an answer from a lawyer's blog. In case someone has the same situation. They won't accept the fee receipts in lieu of payment like they have in the past. So I am having to pay double the price for the same application. I am definitely going to request a few refund.

[Msafiri]

I know the people here are mostly lay people but some have similar situations. I personally respond to questions that I have personal experience or knowledge of.