Legal Question in Immigration Law in New York

Denied twice/didn't appeal/now what?

Someone I know has applied for their visa twice and denied (I believe they failed the English test), and then, evidently, had 90 days to appeal after the second denial and did not do so. The person has since ''woken up and smelled the coffee'' and has learned English and wants to apply again.

The question is whether this person can apply as if it's their first time, or, do they apply a third time, or, as a result of their non-compliance (i.e. not appealing), there is any law causing them to wait a certain period before applying or reapplying, etc.

Any thoughts would be greatly appreciated.


Asked on 12/04/06, 11:09 am

1 Answer from Attorneys
Ruchi Thaker Law Office of Ruchi Thaker

Re: Denied twice/didn't appeal/now what?

I am not sure whether you are referring to the citizenship test, which requires a test of the English language. If you are talking about a visa, I am not sure which visa you are talking about that requires an English test. Is the person a green card holder and was only applying for citizenship? Also, as for the appeal time, most immigration appeals have a 30-day deadline to appeal, so I am not sure which 90-day deadline you are referring to.

Of course, we would need more details about the specific situation before advising about whether this person may reapply for whatever it is that he was trying to obtain (a visa or citizenship).

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Answered on 12/04/06, 12:59 pm


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