A recent reminder by the American Immigration Lawyers Association has brought an issue to our attention which our clients have confronted in the past. A change in bank account information or a lack of maintenance of funds in an account which was used to pay a United States Citizenship and Immigration filing fee may result in a rejection. According to USCIS,
“If a check or other financial instrument used to pay a fee is returned as unpayable, USCIS will re-submit the payment to the remitter institution one time. If the instrument used to pay a fee is returned as unpayable a second time, the filing will be rejected and a charge will be imposed in accordance with 8 CFR §103.7(a)(2).”
If, for any reason, a payment does not clear on any petition, the benefit requested will not retain a filing date and the benefit requested will be rejected. Any receipt issued with the payment that does not clear will be voided. If the application is approved or any benefit is granted prior to the defaulted payment, the approval or benefit may be revoked. Both employers and individuals should always ensure that any bank account used to pay a filing fee or any other USCIS fee have sufficient funds and remain open until the payments have cleared.