Answer
NIW cases can be denied for a number of reasons, legitimate or illegitimate. If a case is erroneously denied, a motion to reopen or reconsider (MTR) may be filed to fix the problem. If a case was denied based on a legitimate reason, e.g. lack of evidence to support the NIW claim, re-filing of the same case will unlikely give you the favorable result you are expecting unless you have new evidence to support the case. Although a previous denial alone may not have a negative impact on a re-filed case, we do not encourage you to re-file unless the case has a reasonable chance of success based on the new evidence you have collected.
