Motion to reopen without fees

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fmmac

Registered Users (C)
Recently my I-485 got denied because of USCIS error.

I had applied I-485 with approved I-140 of the current employer.

My previous company's I-140 got denied and USCIS denied my I-485 application. The reason for denial is "concurrently filed I-140 denied hence ......... I-485 denied"

My lawyer says that I-485 denial is due to USCIS error. Hence there is not need to pay the filling fees. In the covering letter he indicated that it is USCIS error and also included approved I-140 (which was approved before filing I-485). He also indicated that my previous company's I-140 got denied and that caused the confusion.

Guys please share your experience on any info you have.
Is my lawyer right in saying that there is no need to pay the filing fees?
 
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Hi fmmac,

I am in a similar situation - I-485 denied by service error. My former employer withdrew the I-140 and I used AC21 to switch to a new employer after 180 days. I even sent a Portability Letter to USCIS letting them know of the job change.

My lawyer advised that we submit a Motion to Reopen with the fee although it is their mistake. She believes that this will accelarate the review of the motion. Who knows but I paid $585 just to better my chances of a quick review.

Good luck!
 
This afternoon I got a call from my Attorney that USCIS has requested to pay the fees.

My Attorney will be sending the filing fees today.
 
I want to correct the info I had posted in my earlier post (my attorney gave me a wrong impression)

The USCIS did not request to send the filing fees. They in fact rejected the motion-to-reopen stating that the filing fees was missing.

Luckily I learned about this on time and we again sent the motion-to-reopen with correct filing fees.
 
so you do need to pay the fees even though its their error..gosh!!!

dundy, don't regret paying the fees man :)
 
I regret my lawyer not sending fees in the first instance. She thought that I could save money though I was not inclined towards it.

I don't regret paying fees as long as my case is fixed.
 
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