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Can a denied applicant apply for immigration again?

Edison, NJ |

Green card holder mom apply for daughter . After request for DNA test from USCIS -test shows negative relationship between a mom and daughter, and they did not know what to do. so uscis denied it. Can that daughter come to usa through marriage /job offer/ student visa or can she reapply through her citizen sibling.

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Attorney answers 4

Posted

It depends who the USCIS considers to have misrepresented. Is the daughter a minor? If yes, she stands a good chance to have a new application considered.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Posted

Only if the daughter in question was a minor at the time mother petitioned her and USCIS cannot hold her responsible for any misrepresentation.

In the rare situation where USCIS and/or a US consulate abroad will find the daughter was a "co-misrepresenter", then she can always apply for a waiver.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

If the daughter was a minor at the time that the misrepresentation was discovered she should still be eligible to come to the us on a different visa status.

Posted

If the daughter was charged with misrepresentation, no. If she was not, she could. However, even if she was not charged with the misrepresentation, USCIS will still be aware of the prior denial and be very skeptical of any marriage, employment or schooling as legitimate. The burden is going to be high. Speak with a lawyer to evaluate further.

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