Virginia Beach Immigration Motion Lawyer — What Are Your Options?
If you need an Immigration Motion Lawyer Virginia Beach, Law Offices Of SRIS, P.C. provides direct representation. Immigration motions, such as a motion to reopen or reconsider, are critical legal filings that can change the outcome of your case.
Understanding Immigration Motions Under Federal Law
An immigration motion is a formal request filed with an immigration court or the Board of Immigration Appeals (BIA) asking a judge to take a specific action on a case. Common motions include a Motion to Reopen, which asks the court to reconsider a decision based on new facts or evidence, and a Motion to Reconsider, which argues the judge made an error of law or fact. These procedures are governed by the Immigration and Nationality Act (8 U.S.C.) and regulations in Title 8 of the Code of Federal Regulations.
Last verified: April 2026 | Virginia Beach General District Court | USCIS Laws & Policy
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a strategic approach to complex immigration filings. Mr. Sris personally handles immigration cases and is frequently consulted by Indian Consulate officials in Washington, D.C. on U.S. legal matters affecting Indian nationals.
Official Government Resources
For Virginia Beach residents, it is important to reference official sources. The Executive Office for Immigration Review (EOIR) oversees immigration courts. The USCIS Field Office Locator can help you find your local office for application support.
The Local Process for Filing an Immigration Motion in Virginia Beach
Immigration cases for Virginia Beach residents are federal matters. Affirmative applications (like green cards) are processed at the USCIS Washington District Office in Fairfax. Removal (deportation) proceedings are held at the Arlington Immigration Court. Filing a motion requires strict adherence to deadlines and procedural rules. A motion to reopen immigration case lawyer Virginia Beach must file within 90 days of a final order in most cases, though exceptions exist.
- Case Evaluation: An attorney reviews your final order and gathers new evidence or identifies legal errors.
- Motion Drafting: The lawyer prepares the formal motion, supporting brief, and evidence exhibits according to court rules.
- Filing and Service: The motion is filed with the correct court (Immigration Court or BIA) and served on the opposing counsel from the Department of Homeland Security.
- Awaiting a Decision: The judge reviews the filing. There is no hearing unless the judge orders one.
- Next Steps: If granted, your case reopens. If denied, you may have appeal options to the BIA.
Why Timely Action on an Immigration Case Motion is Critical
In Virginia Beach, failing to file an immigration motion correctly or on time can result in a final deportation order becoming enforceable, skilled to detention and removal.
An immigration case motion lawyer Virginia Beach understands that each type of motion has different standards and deadlines. A Motion to Reopen requires new, material evidence that was not available at the original hearing. A Motion to Reconsider must show the judge incorrectly applied the law. Missing a deadline typically means losing the right to file.
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience with Immigration Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We have achieved 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. In Virginia Beach, we have 8 total documented case results across all practice areas. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in immigration matters.
Documented Case Results
Our firm’s approach has led to successful outcomes. While every case is unique, our history includes favorable results in complex immigration and criminal matters that can intersect with immigration status.
- Bond Motion Granted: Successfully argued for bond in a complex solicitation case in Fairfax General District Court.
- Bond Conditions Modified: Secured modified bond conditions in a Fairfax County Circuit Court case involving serious charges.
Results may vary. Prior results do not guarantee a similar outcome.
Immigration Motion Lawyer Near Virginia Beach
Our Richmond location serves clients at Virginia Beach courts. We are accessible via I-64 and other major highways. We serve the neighborhoods of Virginia Beach, Sandbridge, and Oceana.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Virginia Beach Immigration Motion Lawyer FAQ
What is a motion to reopen in immigration court?
Yes. A motion to reopen asks the immigration court to restart your case based on new facts or evidence that were not available at your original hearing. You generally must file within 90 days of the final removal order. An immigration motion lawyer Virginia Beach can assess if you qualify for an exception to this deadline.
How much does it cost to file an immigration motion?
It depends. There is no government filing fee for most motions filed with the immigration court. However, there are significant legal costs for attorney time to prepare the motion, gather evidence, and write the legal brief. Fee waivers are not available for legal representation.
Can I file a motion if I am already deported?
It depends. If you were deported (removed) from the U.S., filing a motion is very difficult but may be possible in limited circumstances, such as to reopen for asylum if you faced persecution after departure. You should consult with an immigration case motion lawyer Virginia Beach immediately to explore any options.
How long does it take for a judge to decide a motion?
There is no set timeline. Due to backlogs at the Arlington Immigration Court, it can take many months, sometimes over a year, for a judge to rule on a motion. During this time, any stay of removal granted with the motion typically remains in effect.
What happens if my motion is denied?
If the Immigration Judge denies your motion, you typically have 30 days to appeal that decision to the Board of Immigration Appeals (BIA). The BIA’s review is based on the written record. If the BIA denies it, options may include appealing to a federal circuit court.
Related Legal Information
If you are facing other legal challenges in Virginia Beach, our firm can help. You may also need a Virginia Beach criminal defense lawyer if charges affect your immigration status, or a Virginia Beach family law attorney for cases involving marriage-based petitions. For all Virginia immigration matters, visit our Virginia immigration lawyer hub page. We also serve nearby areas like Henrico County and Chesterfield County.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your immigration motion.