Legal Question in Immigration Law in Oklahoma

USCIS denial error?

I received I-797C NOA rejection notices for concurrent I-485 and I-130 applications. I received a receipt for the I-130 and see the cashed check on my online bank transactions list. A month later I received denial letters. The reason stated on both NOAs was ''The check amount is incorrect or has not been provided''. The I-130 the check I provided was for $355. The I-485 the check I provided was for $1,010. The intending immigrant, husband, is 22 years old, thus the $1,010 I-485 check was to cover the $930 plus $80 biometrices fee. I'm not sure why these checks (personal checks drawn from a US bank and payable to ''U.S. Department of Homeland Security'') were rejected. I am a US citizen. The $1,010 check was not lost since it was returned. However, the returned check was stapled to the I-797C NOA for the I-485 application. I resubmitted both forms with letters explaining that it must have been an error. A month later, I received another I-797C NOA denying the I-485 again for the same reason. Should I have provided separate checks for $930 and $80 for the I-185? What could be the problem?


Asked on 4/20/09, 11:00 pm

1 Answer from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: USCIS denial error?

Dear Inquirer:

We routinely combine the filing fee for the I-485 in a single check totalling $1010.00 I am not sure why the USCIS rejected the checks, but they definitely should not have "denied" the application.

I recommend that you email [email protected] if you would like to schedule a consultation to discuss this matter further.

Regards,

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Answered on 4/21/09, 8:27 pm


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