I can file again if I got denied for Dream Act?

Asked over 1 year ago - Anaheim, CA

I have read everything about the dream act and laws. It says that I cannot re-open or appeal my case, but it doesn't say anything about filing again. I just got denied, I have a wife (U.S Citizen and a US Citizen child) whom I cannot leave. Plus I speak no Spanish. Can I file again?

Attorney answers (6)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . When the Dream Act becomes the law, will know. Until then, you are talking about DACA. DACA is a regulatory program which is completely discretionary. You can refile but do that with an attorney this time.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Lynne Rogers Feldman

    Contributor Level 19


    Lawyers agree

    Answered . Yes but you should have an attorney analyze why you were denied before re-filing and perhaps seek legal asssitance this time.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  3. John Grayson Davidson

    Contributor Level 17


    Lawyers agree

    Answered . There is nothing to indicate that an applicant may not reapply.

    Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com
  4. Belen Teresa Gomez

    Contributor Level 9


    Lawyers agree

    Answered . I agree that it is important to know why you were denied. I recommend consulting with an attorney to make sure you are eligible and to help you to prove your eligibility for DACA. You will have to pay the fee again when reapplying. Good luck.

  5. Nassim Arzani


    Contributor Level 11


    Lawyers agree

    Answered . Yes you can refile but this time hire an attorney. You might be eligible for other forms of relief since you are married to a USC. Most experienced attorneys charge a nominal consultation fee which is then applied to the total cost of your case. Gather all your documents and consult with one. You might have other relief you are not even aware of. Best of luck

  6. Gunda Johanna Brost


    Contributor Level 20


    Lawyers agree

    Answered . Yes, absolutely, but it will do you little good to file the same packet, as obviously something was lacking. It may have depended on the adjudicator, but don't rely on that. Your best bet would be to hire an immigration attorney experienced with DACA applications and to have them submit another, improved application. Good luck!

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Deferred action

Deferred Action is a policy that allows qualifying immigrants to receive employment authorization and have removal proceedings delayed.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

29,595 answers this week

3,386 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,595 answers this week

3,386 attorneys answering