Key Takeaways
• USCIS does not refund I-485 filing fees after denial as of June 18, 2025.
• USCIS Fee Rule Update raised fees but did not change refund policies.
• Applicants can refile, file motions, or appeal but must pay fees again.
When an immigrant’s Form I-485—used to apply for a green card through the adjustment of status process—is denied, one of the first questions that comes up is whether the filing fee will be refunded. As of June 18, 2025, the answer remains clear: USCIS does not refund the filing fee if your I-485 is denied. This policy has important financial and legal implications for applicants, especially in light of recent updates to immigration fees and ongoing changes in how applications are processed.
Let’s break down what this means for applicants, why the policy exists, what options are available after a denial, and how recent developments like the USCIS Fee Rule Update and changes to the adjustment of status process affect your next steps.
What Happens If Your I-485 Is Denied?
Who is affected?
Anyone who files Form I-485, Application to Register Permanent Residence or Adjust Status, with the United States Citizenship and Immigration Services (USCIS) is subject to this policy. This includes people applying for a green card from within the United States 🇺🇸 through family, employment, asylum, or other eligible categories.
What is the policy?
If your I-485 application is denied after processing, you will not receive a refund of the filing fee. The fee is considered a processing fee, which means it pays for the work USCIS does to review your application, regardless of the outcome.
When and where does this apply?
This policy applies to all I-485 applications processed by USCIS, no matter where you live in the United States 🇺🇸 or what your reason for applying is.
Why does USCIS keep the fee?
USCIS uses the filing fee to cover the costs of reviewing, handling, and making a decision on your application. Even if your application is denied, the agency has already spent time and resources processing your case.
How does this affect you?
If your application is denied, you lose the money you paid for the filing fee. If you want to try again, you’ll need to pay the fee a second time.
Recent Developments: USCIS Fee Rule Update and Adjustment of Status Process
USCIS Fee Rule Update
On January 31, 2024, USCIS published a final rule that adjusted certain immigration and naturalization benefit request fees for the first time since 2016. This means that the cost to file many immigration forms, including the I-485, has changed. However, this update did not introduce any new rules about refunds for denied applications.
- Key point: The fee increase makes it even more important for applicants to prepare their I-485 carefully, since a denial means losing a larger amount of money.
Changes to the Adjustment of Status Process
On January 22, 2025, USCIS announced changes in how it handles Requests for Evidence (RFEs). An RFE is a notice USCIS sends when it needs more information to make a decision on your application. While these changes may affect how quickly or smoothly your application is processed, they do not change the refund policy for denied I-485 applications.
Understanding the I-485 Application and Filing Fee
What is Form I-485?
Form I-485 is the official application to adjust your status to that of a lawful permanent resident (green card holder) while you are in the United States 🇺🇸. You can find the official form and instructions on the USCIS Form I-485 page.
How much does it cost?
The filing fee for Form I-485 varies depending on your age and other factors. As of the latest fee schedule, the cost can be several hundred dollars or more. The fee covers:
- Processing your application
- Reviewing your documents
- Conducting background and security checks
- Making a final decision
Important: The fee is non-refundable, even if your application is denied.
Why Are I-485 Filing Fees Non-Refundable?
USCIS treats the filing fee as a processing fee. This means the money you pay is used to cover the cost of reviewing your application, checking your background, and making a decision. The agency spends resources on every application, whether it is approved or denied.
Key reasons for the policy:
- Administrative costs: USCIS is funded mainly by the fees it collects. The agency uses these funds to pay for staff, technology, and other resources needed to process applications.
- Consistency: The policy applies to all applicants, making the process fair and predictable.
- Encourages careful preparation: Since the fee is non-refundable, applicants are encouraged to submit complete and accurate applications.
What Can You Do If Your I-485 Is Denied?
A denial can be disappointing and costly, but it is not always the end of the road. Here are your main options:
1. Understand the Denial
- Read the denial notice carefully. USCIS will explain why your application was denied. Common reasons include missing documents, ineligibility, or problems with your supporting evidence.
- Identify if the problem can be fixed. Sometimes, the denial is due to a simple mistake or missing information.
2. Consult an Immigration Attorney
- Get professional advice. An immigration attorney can help you understand your options and decide on the best next steps.
- Discuss the risks and benefits. Some options may be better than others, depending on your situation.
3. Refile the I-485 Application
- Fix the problem. If your denial was due to missing documents or other fixable issues, you may be able to refile your application.
- Pay the fee again. You will need to pay the full filing fee for the new application.
4. File a Motion to Reconsider or Reopen
- Motion to Reconsider: You ask USCIS to review its decision because you believe it was wrong based on the evidence you already provided.
- Motion to Reopen: You provide new evidence that was not available before.
- Use Form I-290B to file these motions. You can find the official form and instructions on the USCIS Form I-290B page.
5. Appeal to the Administrative Appeals Office (AAO)
- File an appeal. If you believe USCIS made a mistake, you can appeal the decision to the AAO.
- Strict deadlines. Appeals must be filed within a specific time frame, usually 30 days from the date of the denial notice.
Financial and Legal Implications for Applicants
Financial Impact
- No refund means higher costs. If your application is denied, you lose the filing fee. If you refile, you must pay again.
- Budget for possible extra costs. Consider the cost of legal help, refiling, or appeals when planning your application.
Legal Considerations
- Act quickly. There are strict deadlines for motions and appeals.
- Seek legal help. An immigration attorney can help you avoid mistakes that could lead to another denial.
Practical Steps After a Denial
Here’s a simple step-by-step guide for what to do if your I-485 is denied:
- Review the Denial Notice
- Understand the reason for denial.
- Check if the problem can be fixed.
- Consult an Immigration Attorney
- Get advice on your options.
- Decide whether to refile, file a motion, or appeal.
- Choose Your Next Step
- If refiling, gather all required documents and fix any mistakes.
- If filing a motion or appeal, prepare your case and meet all deadlines.
- Prepare and Submit Your Application or Motion
- Double-check all forms and evidence.
- Pay the required fees.
- Stay Informed
- Monitor your case status on the USCIS website.
- Watch for any policy updates that could affect your case.
Perspectives from Stakeholders
Applicants’ Perspective
For many applicants, the lack of a refund is a heavy financial burden. Filing fees are not small, and losing that money can be stressful, especially for families or individuals with limited resources. This makes it even more important to submit a complete and accurate application the first time.
Legal Professionals’ Perspective
Immigration attorneys stress the importance of understanding why an application was denied. They recommend reviewing the denial notice carefully and considering all legal options, including refiling or filing a motion. Attorneys also point out that the non-refundable fee policy means applicants should seek help before filing, not after a denial.
USCIS Perspective
USCIS’s main goal is to process applications fairly and efficiently. The agency uses filing fees to pay for the costs of reviewing each application. By making the fee non-refundable, USCIS ensures it has the resources needed to handle all cases, even those that are denied.
No Pending Changes to Refund Policy
As of June 18, 2025, there are no pending changes or announcements about refunds for denied I-485 applications. The current policy is expected to remain in place for the foreseeable future. However, applicants should stay informed about any new updates to USCIS policies or fee structures, as these can change over time.
Official Resources and Where to Get Help
For the most current information on the I-485 process, fees, and policies, visit the official USCIS website. You can also contact the USCIS Contact Center for help with your application or to ask questions about your case.
- Form I-485 and instructions: USCIS Form I-485
- Form I-290B for motions and appeals: USCIS Form I-290B
- USCIS Contact Center: USCIS Contact Center
Key Takeaways
- No refund for denied I-485 applications. The filing fee is non-refundable, even if your application is denied.
- Recent fee increases make careful preparation more important than ever.
- If denied, you can refile, file a motion, or appeal—but each option has its own costs and deadlines.
- Consulting an immigration attorney can help you avoid mistakes and choose the best path forward.
- Stay updated on USCIS policies and fee changes by checking the official website regularly.
Final Thoughts
The adjustment of status process is a major step for anyone seeking a green card in the United States 🇺🇸. The non-refundable nature of the I-485 filing fee means that applicants must be careful, thorough, and informed at every stage. As reported by VisaVerge.com, understanding the reasons for denial and knowing your options can make a big difference in your immigration journey. While the current policy on refunds is unlikely to change soon, staying up to date with official resources and seeking legal help when needed can help you avoid costly mistakes and keep your path to permanent residency on track.
Learn Today
Form I-485 → Application to register permanent residence or adjust status within the United States.
USCIS → United States Citizenship and Immigration Services, agency processing immigration applications.
Adjustment of Status → Process to change from nonimmigrant to lawful permanent resident without leaving the U.S.
Request for Evidence (RFE) → USCIS notice requiring additional information to decide on an application.
Motion to Reconsider → Request asking USCIS to review a decision due to legal or procedural error.
This Article in a Nutshell
USCIS clearly states no refunds for denied I-485 applications. Updated fees increase stakes. Applicants must prepare carefully, as refiling requires new fees. Legal advice is essential to navigate appeals or motions. Understanding this policy prevents costly mistakes on the path to lawful permanent residency in the United States.
— By VisaVerge.com
