Legal Question in Immigration Law in Texas

It is unlikely that you will be entitled to a refund, because the error in the filing was yours, not the government's. The USCIS Adjudicator's Field Manual states the following about refunding fees:

"10.10 Refund of Fees.

When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary�s eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application. There are only a few exceptions to this rule, such as when USCIS made an error which resulted in the application being filed inappropriately or when an incorrect fee was collected. For example, if USCIS advises an applicant to file a waiver application for a ground of inadmissibility which is inapplicable to that applicant, the fee should be refunded.

If an applicant or petitioner believes that he or she is entitled to a refund of fee, he or she should file Form G-266, Refund of Immigration and Naturalization Fees. The form is available on the USCIS Intranet. Send the completed form to the Debt Management Center (DMC), 70 Kimball Ave., South Burlington, VT 05403-6813 or fax it to (802) 660-5107. Retain a copy for office records, following local procedures. Send only the completed form to DMC, retaining any back-up documents, applications, etc. The DMC will notify you of the disposition of the request."