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

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


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

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7 lawyers agree


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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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11 lawyers agree


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

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

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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.

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5 lawyers agree


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!

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4 lawyers agree


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

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