Motion to Reconsider Lawyer New York, NY

When an immigration application or removal order is decided unfavorably, a motion to reconsider can be a critical procedural step. A motion to reconsider asks the same agency—whether USCIS, the immigration court, or the Board of Immigration Appeals—to revisit its decision based on a claimed error of law or fact. For residents of New York City and throughout New York State, understanding where and how to assert such a motion is essential. The New York Immigration Court at 26 Federal Plaza in Manhattan and the Varick Street Immigration Court handle removal proceedings, while the USCIS New York City Field Office processes many affirmative applications. New York’s strong sanctuary policies, including NYC Executive Order 41, limit local cooperation with federal immigration enforcement, yet federal immigration agencies retain full authority over motions and relief. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., brings decades of experience to immigration matters in New York, including motions to reconsider before federal immigration bodies. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your case. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What a Motion to Reconsider Means in Immigration Cases

A motion to reconsider is a procedural request for an immigration authority to examine its own decision for legal or factual error. In the immigration context, such motions are governed by federal regulations that apply uniformly across the country, but local filing practices and the adjudicating office can affect how the motion is processed. For New York residents, immigration matters are handled at the USCIS field office serving the applicant’s ZIP code, the New York Immigration Court at 26 Federal Plaza or Varick Street, or the Board of Immigration Appeals in Falls Church, Virginia. New York’s sanctuary policies do not constrain federal immigration adjudication; however, the local environment can influence case strategy, particularly when state or local court records are involved in the underlying immigration matter.

Law Offices Of SRIS, P.C. Concentrates its immigration practice on protecting clients’ rights throughout the motion process. The firm’s New York location serves clients from Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and the Hudson Valley. Mr. Sris and the firm’s Of Counsel attorneys understand that a well-prepared motion to reconsider can correct a mistaken denial or help avoid prolonged detention. Because immigration law changes frequently, timely consultation with an experienced attorney is critical.

How Mr. Sris and His Of Counsel Handle Motion to Reconsider Cases

When a client comes to Law Offices Of SRIS, P.C. after receiving an adverse immigration decision, the first step is a thorough review of the decision and the record. The firm’s Of Counsel attorneys, together with Mr. Sris, evaluate whether the decision misapplied the law, overlooked material evidence, or otherwise contained a reviewable error. Under federal regulations, a motion to reconsider must be filed within a specific period—generally 30 days for most immigration court and BIA motions—and must specify the errors of law or fact. The firm prepares a detailed memorandum identifying the errors and attaching supporting documentation.

For motions filed with USCIS, the process may involve additional steps, such as supplementing the record with new evidence if the motion is combined with a motion to reopen. The firm handles the entire filing, keeping clients informed of deadlines and responses. Because immigration court dockets in New York are heavily backlogged, strategic timing and procedural compliance are vital. Mr. Sris and his Of Counsel bring extensive combined legal experience to these matters. Results may vary.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor and has extensive experience in immigration law, representing clients in removal defense, family-based petitions, and appeals. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

The firm’s Of Counsel attorneys support the immigration practice with substantial legal experience across multiple jurisdictions. Together, Mr. Sris and his Of Counsel provide representation for motions to reconsider before USCIS, the immigration courts, and the Board of Immigration Appeals. Law Offices Of SRIS, P.C. serves clients throughout New York State, including all five boroughs of New York City, Nassau County, Suffolk County, and the Hudson Valley. To request a consultation, call (888) 437-7747.

Frequently Asked Questions

What is a motion to reconsider in immigration cases?

A motion to reconsider is a formal request asking the immigration authority that issued an adverse decision to review it for legal or factual error. Unlike an appeal, which goes to a higher body, a motion to reconsider is directed to the same agency or court. It must be filed within the regulatory deadline and must identify specific mistakes in the original ruling. Filing a motion to reconsider does not automatically stop removal proceedings; separate action may be needed to stay deportation. An experienced attorney can evaluate whether a motion is appropriate for your situation. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your options.

Where do I file a motion to reconsider if my case is in New York?

Your motion to reconsider is filed with the same office that made the decision, which depends on the type of immigration matter. For cases pending before the New York Immigration Court at 26 Federal Plaza or Varick Street in Manhattan, the motion is filed with the immigration judge assigned. For BIA appeals, it is filed directly with the Board of Immigration Appeals. For USCIS applications, the motion is filed with the USCIS field office that had jurisdiction. Law Offices Of SRIS, P.C. handles motions in all these forums for New York residents. Call (888) 437-7747 to schedule a consultation.

How long do I have to file a motion to reconsider?

The filing deadline for a motion to reconsider depends on the immigration body, but it is typically 30 days from the date of the decision. Some motions filed with USCIS must also meet specific timing requirements. Missing the deadline can result in denial, so prompt action is critical. An attorney at Law Offices Of SRIS, P.C. can determine the exact deadline applicable to your case and prepare the motion promptly. Contact the firm at (888) 437-7747 to get started.

Can a motion to reconsider stop deportation?

Filing a motion to reconsider does not automatically stay an order of removal; a separate request for a stay or administrative closure may be necessary. In some instances, the immigration judge or BIA may grant a temporary stay while the motion is pending. Because New York has significant removal case backlogs, active motion practice can be part of a broader defense strategy. Law Offices Of SRIS, P.C. Evaluates each case to determine whether a motion to reconsider is the right procedural step. Call (888) 437-7747 to discuss your removal defense options.

What if my motion to reconsider is denied?

If a motion to reconsider is denied, you may have the option to appeal the underlying decision to the next higher tribunal, if an appeal was previously reserved. However, procedural deadlines and appeal waivers can limit this path. The firm reviews the denial order to assess whether further relief is available, including motions with the Board of Immigration Appeals or federal circuit court review. Each case is fact-specific. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for an assessment of your options.

Do I need a lawyer for a motion to reconsider in New York?

While you are not legally required to have a lawyer to file a motion to reconsider, having an experienced immigration attorney significantly improves the likelihood that the motion will be granted. Immigration regulations are complex, and procedural errors can lead to denial or delay. Law Offices Of SRIS, P.C. has extensive experience handling motions to reconsider in New York federal immigration venues. To request a consultation, contact the firm at (888) 437-7747.

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