What action is NOT available to Noemi after her application for adjustment of status is denied?

Prepare for the USCIS Basic – Block 3 Exam. Use flashcards and multiple choice questions with detailed explanations. Ensure success for your test!

When an application for adjustment of status is denied, the available actions that an applicant can undertake vary based on the circumstances of the denial. Filing an appeal is typically a formal process that allows an applicant to challenge the decision made by the immigration officer. However, this option may not be available in certain situations, particularly if the denial was not based on a matter of law or policy that has a right to appeal.

In contrast, filing a motion to reconsider or a motion to reopen may be options available to Noemi depending on the specifics of her case. A motion to reconsider requests the same agency to review its earlier decision based on an alleged error in applying the law or policy, while a motion to reopen is based on new evidence that was not available at the time of the original decision.

Additionally, filing a new application is generally a separate process that allows an applicant to submit a fresh application without regard to the previous denial. This means that if Noemi believes she can overcome the reasons for the denial, she may pursue this route.

Therefore, filing an appeal is often not available to individuals whose cases fall into specific categories of decisions, making it a less viable option compared to the others listed.

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