re-apply while appealing

[Danny Gee]

my lady got a denial letter which is a white slip. My question is whether i can re-apply while appealing the case?

[Randy W]

The question you need to ask yourself is this - what is wrong with your case? What were the red flags? What were the reasons for your white slip?We don't have the answers. Only someone who can look at your entire case file can really help you there - I recommend Marc Ellis.

 

You're apparently not even trying to answer those questions.

 

But, to answer your question - yes, you can. But, please answer the questions first.

 

Moe denials will simply cost more money and more time - and more heartache.

[Randy W]

Keep in mind that there is no provision in the INA for appealing a Visa Officer's decision - YOU CANNOT APPEAL A VISA DENIAL. You case is being sent back to the USCIS with a recommendation to revoke the original petition. WATCH YOUR MAILBOX for any notification from them. It MUST be responded to, or you may find her with a 10 year bar on admission.

 

The USCIS may instead decide to re-affirm the petition and send it back to the consulate. It is then up to the consulate whether to re-interview her, or to simply issue the visa, or to deny her again (the denial must be based on information unavailable to USCIS at the time of the re-affirmation).

 

Get Marc to review your case.

[dnoblett]

Re applying will waste time and money in a case of a denied spouse visa, the NOID sent out by uscis needs to be addressed first.

 

What will happen if denied petition is not addressed is USCIS will place a mark of misrepresentation which will only get the second petition denied based on a bar to admission.

 

At this point it is best to retain a good lawyer and adress the NOID when it turns up in the mail and get case reaffirmed and sent back to the consulate.

 

Again please read links I put in your other post, one is Ellis-Island forum all about NOID/NOIR.

 

And please study this post. http://www.ilw.com/articles/2006,0323-ellis.shtm

 

Paying attention to the part that talks about reapplying.

Edited October 27, 2010 by dnoblett (see edit history)