Motion to Reconsider Lawyer in Tioga County, New York
A motion to reconsider is a legal request to review a prior immigration decision based on an error of law or fact under the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.). Law Offices Of SRIS, P.C. has extensive criminal defense experience and provides representation for Tioga County residents. Call (888) 437-7747 for a consultation by appointment only.
Understanding the Motion to Reconsider Under Federal Immigration Law
A motion to reconsider is governed by the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1101 et seq., and the Code of Federal Regulations at 8 C.F.R. § 1003.23. This motion asks the adjudicating body—whether USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals (BIA)—to review its prior decision because it contained a legal or factual error. Unlike a motion to reopen, which relies on new evidence, a motion to reconsider challenges the correctness of the original ruling. Filing deadlines are strict: you generally have 30 days from the date of the decision to file. Missing this deadline can result in a permanent bar to relief. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to every case.
Last verified: May 2026 | Tioga County Supreme Court | New York State Legislature
Official Government Resources for Immigration Law
For authoritative information on motions to reconsider, consult these official government sources:
Insider Perspective on Filing a Motion to Reconsider in Tioga County
In our experience representing clients in Tioga County, we have observed that USCIS and the Immigration Court often deny motions to reconsider that lack a clear legal basis. The key is to identify a specific error in the original decision—such as a misapplication of law or an overlooked fact—and present it concisely.
- Obtain the full written decision from USCIS, the Immigration Court, or the BIA.
- Identify the specific legal or factual error in the decision.
- Gather supporting documents that demonstrate the error.
- Draft a motion under 8 C.F.R. § 1003.23, citing the error and the correct law.
- File the motion within 30 days of the decision.
- Serve copies to all parties and confirm receipt.
Potential Consequences of an Immigration Denial in Tioga County
In Tioga County, an immigration denial can lead to removal proceedings, unlawful presence bars, and loss of status. A motion to reconsider is a critical tool to challenge these outcomes.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Presence (180 days–1 year) | Civil violation | None | None | 3-year reentry bar | Inadmissibility to the U.S. |
| Unlawful Presence (1 year or more) | Civil violation | None | None | 10-year reentry bar | Inadmissibility to the U.S. |
| Removal Order (final) | Administrative | Detention pending removal | Varies | Permanent bar (if aggravated felony) | Loss of all immigration benefits |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Immigration Case?
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. The firm has extensive criminal defense experience and handles complex immigration matters, including motions to reconsider and motions to reopen. Mr. Sris personally oversees each case, ensuring that clients receive dedicated attention and strategic advocacy.
Case Results for Tioga County Immigration Matters
Law Offices Of SRIS, P.C. has extensive criminal defense experience and has handled 4,739+ documented case results firm-wide across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. While specific Tioga County immigration case numbers are not available, the firm’s track record demonstrates a commitment to achieving favorable outcomes for clients. Results may vary.
Our Location and Service Area for Tioga County
Our location in Buffalo, NY is approximately 150 miles from Tioga County Supreme Court in Owego, with access via I-86 and NY Route 17. We serve as a motion to reconsider lawyer near Tioga County. Serving the communities of Owego, Waverly, Candor, Newark Valley, Spencer, Berkshire, Nichols, and Richford. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Phone: (838) 292-0003
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Motions to Reconsider in Tioga County
Where is the immigration court for Tioga County, New York?
Removal proceedings for Tioga County residents are heard at the New York Immigration Court, 26 Federal Plaza, Manhattan, or Varick Street Immigration Court. Affirmative applications are processed by the USCIS NYC Field Office at 26 Federal Plaza. New York has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS handles immigration for Tioga County residents.
What is a motion to reconsider in immigration law?
A motion to reconsider is a request filed with USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals asking the agency to review its prior decision based on an error of law or fact. Under 8 U.S.C. § 1101 et seq. and 8 C.F.R. § 1003.23, you must file within 30 days of the decision.
How long does a motion to reconsider take in New York?
Processing times for a motion to reconsider vary. USCIS typically takes 6-12 months, while the Immigration Court (EOIR) may take 3-6 months. The Board of Immigration Appeals (BIA) can take 6-18 months. Tioga County residents should consult an immigration reconsideration lawyer Tioga County for current timelines.
Can I reopen my immigration case after a denial?
Yes. You may file a motion to reopen your immigration case if you have new evidence that was not available at the time of the original hearing. Under 8 C.F.R. § 1003.23, you generally have 90 days to file. A reopen immigration case lawyer Tioga County can help determine your eligibility.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider challenges the legal or factual basis of a decision, while a motion to reopen introduces new evidence that was not available at the time of the original hearing. Both are governed by 8 C.F.R. § 1003.23, but the filing deadlines differ: 30 days for reconsideration and 90 days for reopening.
Do I need a lawyer for a motion to reconsider in Tioga County?
Yes. Immigration law is complex, and a motion to reconsider requires a precise understanding of legal standards and deadlines. A Motion to Reconsider Lawyer Tioga County can help you identify errors, gather evidence, and file a timely motion to maximize your chances of success.
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Last updated: 2026-05-02