If my I-485 is denied because USCIS believes a waiver is required. but an Immigration Judge determines a waiver is not, do I have to pay the I-485 fee again?

USCIS has acknowledged, in a July 24, 2014 District 23 Los Angeles meeting, that this issue is decided on a case-by-case basis. If USCIS denies an adjustment of status application, Form I-485, for reasons that are later reviewed by an Immigration Judge and a determination is made by the judge that USCIS erred in the decision, a new fee would not be required.

If you or a loved one have immigration questions, contact our U.S. immigration lawyers in Los Angeles now for a FREE consultation.

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