Motion to Reconsider Lawyer Serving Poquoson, Virginia
A Motion to Reconsider is a critical legal request asking a judge or immigration officer to re-examine a negative decision in your case. In Poquoson, this federal process is governed by the Immigration and Nationality Act and Title 8 CFR. Law Offices Of SRIS, P.C. provides strategic representation for filing a Motion to Reconsider.
What Is a Motion to Reconsider in Immigration Law?
A Motion to Reconsider asks the deciding authority to review its own decision based on an error of law or fact that was present in the record at the time of the decision. It is a formal request to correct a legal or factual mistake, not to present new evidence. The statutory authority for motions before the Executive Office for Immigration Review (EOIR) is found in 8 C.F.R. § 1003.23 for immigration judges and 8 C.F.R. § 103.5 for USCIS decisions. The motion must be filed within 30 days of the final decision.
Last verified: April 2026 | Poquoson General District Court | USCIS Policy Manual
External Legal Resources
For the official regulations governing motions before immigration judges, refer to the Executive Office for Immigration Review (EOIR). For USCIS-specific motion procedures, consult the USCIS Policy Manual.
Procedural Edge for Poquoson Residents
Immigration cases for Poquoson residents are processed at the USCIS Washington District Office in Fairfax for applications and at the Arlington Immigration Court for removal proceedings. A successful Motion to Reconsider requires pinpointing a specific legal error in the original decision. Mr. Sris handles these matters personally, and his background in accounting provides an advantage in complex cases involving financial evidence.
- Obtain and review the full written decision and your complete application file.
- Identify a clear error of law or fact that was part of the original record.
- Draft a precise legal argument citing the specific regulation or case law that was misapplied.
- File the motion with the correct office (USCIS or Immigration Court) within the strict 30-day deadline.
- Prepare for potential next steps, which may include an appeal if the motion is denied.
Potential Outcomes and Timelines
In Poquoson, a Motion to Reconsider can lead to the reopening of your immigration case, but processing times vary significantly by agency and caseload.
| Action | Governing Authority | Typical Processing Time | Filing Fee | Key Consideration |
|---|---|---|---|---|
| Motion to Reconsider (EOIR) | Immigration Judge / BIA | 90-180 days | $110 | Must be filed within 30 days of decision. |
| Motion to Reconsider (USCIS) | USCIS Service Center | 6-12 months | Varies by form | Does not stop removal or other deadlines. |
| Motion to Reopen | EOIR or USCIS | Similar timeline | $110 | Requires new, material evidence not previously available. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Motion to Reconsider
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex immigration matters. Our firm-wide track includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris’s unique background in accounting and information systems is a distinct advantage in cases where financial records or technical evidence is central to the legal error. We understand the high stakes of immigration reconsideration.
Case Results and Client Advocacy
Law Offices Of SRIS, P.C. has 2 total documented case results in Poquoson across all practice areas, with a 100% favorable outcome rate. While specific immigration results are confidential, our approach is meticulous: we exhaust every procedural avenue, including motions to reconsider and motions to reopen, to protect our clients’ status in the United States. Results may vary. Prior results do not guarantee a similar outcome.
Immigration Legal Help Near Poquoson
Our Richmond location serves clients with matters at Poquoson courts and immigration authorities. We are your local Motion to Reconsider lawyer Poquoson resource. Serving Poquoson and surrounding communities.
Available 24/7 by phone: Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Richmond Location: Law Offices Of SRIS, P.C., 7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225. Meetings by appointment only.
Motion to Reconsider Lawyer Poquoson: Frequently Asked Questions
What is the difference between a Motion to Reconsider and a Motion to Reopen?
It depends on the basis of your request. A Motion to Reconsider argues the decision was wrong based on the existing record (legal error). A Motion to Reopen asks for a new hearing based on new, material evidence that was not available before. An immigration reconsideration lawyer Poquoson can determine which motion is appropriate for your case.
How long do I have to file a Motion to Reconsider?
30 days. You must file a Motion to Reconsider with the Immigration Court or USCIS within 30 days of the final decision date. This deadline is strict, with very few exceptions. Contacting a lawyer immediately after a denial is critical.
Can I file a Motion to Reconsider if I am already in removal proceedings?
Yes. If an Immigration Judge issues an unfavorable decision, you can file a Motion to Reconsider with that court within 30 days. This is a key strategic step in deportation defense that a skilled reopen immigration case lawyer Poquoson can manage to challenge the legal basis of the removal order.
What happens if my Motion to Reconsider is denied?
If the motion is denied, you typically have the right to appeal that denial to the next higher authority. For an Immigration Judge’s decision, the appeal goes to the Board of Immigration Appeals (BIA). Timelines for appeal are also very short, so having a legal strategy in place is essential.
Related Legal Information
If you are facing other legal challenges in Poquoson, our firm can help. Learn more about criminal defense in Poquoson or DUI defense. For broader Virginia immigration resources, visit our Virginia immigration lawyer hub page. We also assist clients in nearby jurisdictions like Henrico County.
Page Last verified: April 2026. Immigration laws and procedures change frequently. The information on this page is for general understanding and should not be taken as legal advice for your specific case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current, case-specific guidance.