What is the actual date of the denial? And, have you discovered from USCIS if the letter informing you of the interview was returned to then? Had you at some point changed address -and if so, had you properly informed USCIS?
You have 30 days from the date of a denial to file an Appeal/Motion to Reopen/Reconsider (33 if the decision was mailed to you). You might want to consider doing this first, if a case can be made that you were not at fault.
If you have to re-file, your I-94 determines how you were admitted -should say something like "Parole."
Speak to a lawyer about an Appeal/Motion and/or refiling.
You might be able just to reopen the case with a motion to reopen instead of refiling the entire case. Please talk to a good attorney familiar with motions to reopen.
Founder and Managing Attorney of Shah Peerally Law Group PC
Law Firm Deals in Immigration law, Bankruptcy & Debt Relief
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