Motion to Reconsider Lawyer for Fairfax County Immigration Cases
If your immigration application was denied, a motion to reconsider lawyer in Fairfax County can challenge the decision. A motion to reconsider argues the decision was based on an error of law or policy. Law Offices Of SRIS, P.C. has handled 1789 documented case results in Fairfax County.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
What Is a Motion to Reconsider in Immigration Law?
A motion to reconsider asks U.S. Citizenship and Immigration Services (USCIS) or the Board of Immigration Appeals (BIA) to re-examine a decision based on an incorrect application of law or policy. It must establish that the decision was erroneous when made. For Fairfax County residents, these motions are often filed in response to decisions from the USCIS Washington District Office in Fairfax or the Arlington Immigration Court.
The legal authority for motions to reconsider is found in the Immigration and Nationality Act (8 U.S.C.) and the Code of Federal Regulations (8 C.F.R.). The firm, founded in 1997 by former prosecutor Mr. Sris, uses this procedural tool to seek reversals for clients.
- Obtain and review the denial notice or removal order to identify the legal error.
- Draft the motion, citing specific statutes, regulations, or case law the decision allegedly misapplied.
- File the motion with the correct office (USCIS or the Immigration Court) within the strict deadline.
- Serve a copy of the motion on the opposing counsel, if applicable.
- Monitor the case and prepare for any subsequent hearings or requests for evidence.
Official Government Resources
For the official regulations governing motions, review Title 8 of the Code of Federal Regulations (USCIS). Information on filing procedures with the Executive Office for Immigration Review can be found at the EOIR website.
Potential Outcomes and Timelines
In Fairfax County, filing a motion to reconsider can temporarily stay a removal order and potentially reverse a denial, but processing can take several months to over a year.
| Action | Governing Body | Typical Timeline | Key Requirement |
|---|---|---|---|
| Motion to Reconsider (USCIS) | USCIS Service Center or District Office | 3-6 months | Filed within 30 days of decision |
| Motion to Reconsider (Immigration Court) | Executive Office for Immigration Review (EOIR) | 6-12+ months | Filed within 30 days of final order |
| Effect on Removal | Immigration Judge / BIA | Immediate | May grant a temporary stay of removal |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Immigration Motion
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings over 120 years of combined legal experience to complex immigration matters. Mr. Sris, the managing attorney, personally handles immigration cases and is frequently consulted by Indian Consulate officials in Washington, D.C. on U.S. legal matters affecting Indian nationals. Our approach is based on detailed legal analysis and assertive advocacy.
Documented Case Results in Fairfax County
Our firm has a documented record of 1789 case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. While specific immigration results are confidential, our overall success reflects our commitment to vigorous representation. For instance, Of Counsel Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, has successfully handled complex I-130 petitions and related motions.
Results may vary. Prior results do not guarantee a similar outcome.
Immigration Legal Help for Fairfax County
Our Fairfax location at 4008 Williamsburg Court is centrally located to serve clients throughout Northern Virginia. We are accessible to communities like Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Contact Us Today:
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only. 24/7 phone consultations.
FAQs: Motion to Reconsider and Case Reopening in Fairfax County
What is the difference between a motion to reconsider and a motion to reopen?
Yes, there is a key difference. A motion to reconsider argues the decision was wrong based on the existing record and law. A motion to reopen presents new facts or evidence that were not available during the original proceeding. An immigration reconsideration lawyer Fairfax County can determine which is appropriate for your case.
How long do I have to file a motion to reconsider with USCIS?
30 days. You must file a Form I-290B, Notice of Appeal or Motion, within 30 calendar days of the date the USCIS decision was issued. The deadline is strict, and a motion to reconsider lawyer Fairfax County should be contacted immediately after a denial.
Can I file a motion to reconsider if I am in removal proceedings?
Yes. If an Immigration Judge issues a final order of removal, you typically have 30 days to file a motion to reconsider with the Immigration Court. This requires specific legal arguments showing an error of law. A reopen immigration case lawyer Fairfax County can handle this filing.
What happens after I file a motion to reconsider?
The reviewing office (USCIS or the Immigration Court) will examine the legal arguments. Processing can take several months. If the motion is granted, the original decision may be reversed. If denied, you may have further appeal options. An immigration reconsideration lawyer Fairfax County can manage this process.
Do I need a lawyer to file a motion to reconsider?
It is highly advisable. The arguments must be precisely framed on points of law or policy. Procedural errors can lead to denial. A motion to reconsider lawyer in Fairfax County has the experience to craft a persuasive motion and meet all filing requirements.
For more information, see our Virginia Immigration Lawyer hub page. We also assist with criminal defense in Fairfax County and DUI cases.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.