if application was denied when can the applicant apply again

[mycase09]

hi ...here is another question
if the application was denied,can the applicant re-apply directly ?like after 2..3 days for example..?or does she/he has to wait a definite period of time before re-applying..
thx

[poisontee]

hi ...here is another question
if the application was denied,can the applicant re-apply directly ?like after 2..3 days for example..?or does she/he has to wait a definite period of time before re-applying..
thx

it depends as to why it was denied. So time will vary from a day after its denied to never.

Was yours denied? if so, what was the reason stated on your letter?

best regards,
poisontee

[mycase09]

it depends as to why it was denied. So time will vary from a day after its denied to never.

Was yours denied? if so, what was the reason stated on your letter?

best regards,
poisontee

thx poisontee !
well no not mine .. but a frd of mine got denied because he did not stay in the state -where he applied- 3 months before applying..so he got a letter saying he got denied and that if he want to go thru a hearing and stuff like that...
now can he re-apply directly?i mean pays again,new application..etc..and just ignore the hearing and everything??
where can i find the best answer for these questions?coz i know the USCIS has no representative over the phone..just an automated machine right?
thank you so much ..

[poisontee]

thx poisontee !
well no not mine .. but a frd of mine got denied because he did not stay in the state -where he applied- 3 months before applying..so he got a letter saying he got denied and that if he want to go thru a hearing and stuff like that...
now can he re-apply directly?i mean pays again,new application..etc..and just ignore the hearing and everything??
where can i find the best answer for these questions?coz i know the USCIS has no representative over the phone..just an automated machine right?
thank you so much ..

In my opinion, I would just wait for the three months and apply a fresh. I believe that would be faster and he can't win a hearing anyway if the fact is he applied with out fulfiling all the requirements!

As for best answers, you will have to hire an attorney uscis doesn't offer and legal advice!

Best regards,
poisontee

[mycase09]

In my opinion, I would just wait for the three months and apply a fresh. I believe that would be faster and he can't win a hearing anyway if the fact is he applied with out fulfiling all the requirements!

As for best answers, you will have to hire an attorney uscis doesn't offer and legal advice!

Best regards,
poisontee

yes i know he will not go thru the hearing anyway..can he just ignore the hearing ??
and is there a rule says that he has to wait 3 months for example before he apply???cant he just apply again directly !

[poisontee]

yes i know he will not go thru the hearing anyway..can he just ignore the hearing ??
and is there a rule says that he has to wait 3 months for example before he apply???cant he just apply again directly !

Yes . he can just ignore the hearing. its optional.
he can apply immediately if he now fulfills the resident requirement.

[mycase09]

In my opinion, I would just wait for the three months and apply a fresh. I believe that would be faster and he can't win a hearing anyway if the fact is he applied with out fulfiling all the requirements!

As for best answers, you will have to hire an attorney uscis doesn't offer and legal advice!

Best regards,
poisontee

poisontee my frd will not ask the uscis for an advice.he will just ask them if its ok to apply directly or not..i mean he got his letter of denial this last saturday(01/09)..he wants to ask them if he can apply on monday (tomrw 01/11) is it the right place to call for this question???
thanks so mmuch for ur help i appreciate it ...

[poisontee]

poisontee my frd will not ask the uscis for an advice.he will just ask them if its ok to apply directly or not..i mean he got his letter of denial this last saturday(01/09)..he wants to ask them if he can apply on monday (tomrw 01/11) is it the right place to call for this question???
thanks so mmuch for ur help i appreciate it ...

Why not just calculate the days/ months in needs to be eligible and apply? The instruction are very clear. Get them from the uscis website on the forms tab.

i hope this helps!

[mycase09]

Why not just calculate the days/ months in needs to be eligible and apply? The instruction are very clear. Get them from the uscis website on the forms tab.

i hope this helps!

Nothing on the website says when should an applicant -who has just got denied- can reapply .. do they have to wait or not..
thats my only question..
Yes he already stayed for 3 months in his new state (the period of going through the whole {failed}process )
thx again and again poisontee

[poisontee]

Nothing on the website says when should an applicant -who has just got denied- can reapply .. do they have to wait or not..
thats my only question..
Yes he already stayed for 3 months in his new state (the period of going through the whole {failed}process )
thx again and again poisontee

Then he doesn't have to wait. he can apply 2morrow.

[mycase09]

Then he doesn't have to wait. he can apply 2morrow.

Poisontee thx really ! ill let my frd know!he'll be so happy ..

by the way do u know any1 from the members on this forum who had problems with his case coz he/she left the usa between FP and interview??? (i feel like its a stupid q :S )

[mycase09]

Then he doesn't have to wait. he can apply 2morrow.

Poisontee u were right ,i called the uscis and they told me the applicant can re-apply again whenever he/she wants..my frd is applying today again..now he meets all requirements (3 months stay in the state)..

he doesnt have to notify the uscis that he applied b4 and got denied right? actually nothing on the denial letter says he should like attach this letter with his new application for example ..

[poisontee]

Poisontee u were right ,i called the uscis and they told me the applicant can re-apply again whenever he/she wants..my frd is applying today again..now he meets all requirements (3 months stay in the state)..

he doesnt have to notify the uscis that he applied b4 and got denied right? actually nothing on the denial letter says he should like attach this letter with his new application for example ..

He doesn't have to notify uscis of the denied application. Its a fresh application and will be processed on its own merit.

Your frd is in Good shape. He just needs to pay the fee again, set a new application, and move on from there!

[poisontee]

Poisontee thx really ! ill let my frd know!he'll be so happy ..

by the way do u know any1 from the members on this forum who had problems with his case coz he/she left the usa between FP and interview??? (i feel like its a stupid q :S )

Mycase09-
As long as your trip doesn't put you over the allowed days outside the USA you should be fine. Just make sure you get the calculations right and you should have no problems!

Good luck!
poisontee

[mycase09]

Mycase09-
As long as your trip doesn't put you over the allowed days outside the USA you should be fine. Just make sure you get the calculations right and you should have no problems!

Good luck!
poisontee

yes u r right poisontee ..anyway the period between the biometrics and interview is usually around 2 months so ill b stil within the allowed period ..
thx