It does appear that you can try again, but I recommend speaking to an immigration attorney first. If your petition was denied the first time, you should consult with someone who can help you figure out how to avoid this happening again, before wasting more of your time and money.
The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.
I agree with my colleagues. It seems that you can try again, ... but ... please do yourself a favor and call an immigration lawyer first. Many offer free telephone consultations. You have nothing to lose in those circumstances. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
Yes that means you can re-file. But since it was denied once (including dismissal of your appeal), I strongly recommend that you hire an immigration attorney to handle the process. Because of the previous denial, USCIS will closely scrutinize the new case.
The statement above does not create an attorney-client relationship. It is intended as general information only and it is not a substitute for legal advice. You should consult with a licensed attorney to discuss the specific facts and circumstances of your case.