Immigration Motion Lawyer Falls Church, VA
An immigration motion is a formal request asking USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals to take a specific action on a pending immigration matter. For residents of Falls Church, Virginia, motions may involve asking an immigration judge to reconsider a prior decision, reopen a case based on new facts, or vacate a removal order when legal grounds exist. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys provide experienced representation for immigration motions filed with the Arlington Immigration Court, the Annandale and Sterling Immigration Courts, and the USCIS Washington Field Office. Reach the firm’s Fairfax location at (888) 437-7747 to discuss your immigration motion matter. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Immigration Motions Mean in Falls Church, Virginia
Immigration motions are an important procedural tool for individuals and families in Falls Church who need to address an adverse immigration decision or to present new evidence that could change the outcome of a pending case. Because immigration is exclusively federal in jurisdiction, so a motion filed on behalf of a Falls Church resident is adjudicated by a USCIS officer or an Immigration Judge—not by the Falls Church General District Court. The two immigration courts with jurisdiction over Northern Virginia are the Arlington Immigration Court, located at 1901 South Bell Street, Arlington, and the Annandale Immigration Court at 7619 Little River Turnpike, Annandale. Many affirmative applications and motion-related correspondence are also processed at the USCIS Washington District Office, 2675 Prosperity Avenue, Fairfax.
The most common immigration motions include motions to reconsider, which argue that a prior decision was legally or factually incorrect based on the record that existed at the time, and motions to reopen, which ask the adjudicator to review a decision in light of new, previously unavailable evidence. Motions to recalendar or to terminate proceedings are also used at the immigration court level. Each type of motion carries its own procedural requirements under the Immigration and Nationality Act and the applicable EOIR or USCIS regulations. Because the deadlines for filing a motion are often short and the evidentiary standards are strict, retaining an immigration attorney who understands the local procedure at the Arlington Immigration Court and the USCIS Washington Field Office can be critical.
For Falls Church residents, Law Offices Of SRIS, P.C. handles immigration motions that arise from family-based petitions, adjustment of status, naturalization applications, asylum claims, and removal proceedings. The firm’s Fairfax location is minutes from the West Falls Church Metro and easily accessible for clients from Falls Church, Annandale, Tysons, and the Route 7 corridor.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Immigration Motion Cases
When a client contacts Law Offices Of SRIS, P.C. about an immigration motion, the first step is a thorough review of the immigration history, the prior decision, and any underlying evidence. Mr. Sris and the firm’s Of Counsel attorneys examine whether the motion should be filed before USCIS, an Immigration Judge, or the Board of Immigration Appeals, because the proper venue and the applicable legal standard depend on where the case currently sits. The firm then identifies the strongest available argument—whether that is a legal error in the prior decision, a change in country conditions, or a procedural defect that warrants reconsideration or reopening.
Once the motion strategy is settled, the firm prepares the motion with a detailed legal memorandum and any supporting documentary evidence. The motion is served on the appropriate government agency or counsel and filed with the court or USCIS office that has jurisdiction. The firm’s attorneys track the motion through the adjudication process and respond to any requests for additional information or government opposition. Throughout this process, the client is kept informed of procedural developments. Because each immigration motion is highly fact-specific, the timeline varies depending on the type of motion, the backlog at the adjudicating office, and whether the government opposes the request.
Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to immigration motion practice. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor and has concentrated a significant portion of his practice on immigration law since founding the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and handles immigration motions at the Arlington Immigration Court, the Annandale Immigration Court, and the Sterling Immigration Court, as well as before USCIS and the Board of Immigration 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 include professionals with extensive experience in immigration procedure, federal litigation, and case investigation. Together, Mr. Sris and the firm’s Of Counsel attorneys have documented case results across all practice areas since 1997, including favorable outcomes in all reported instances in Falls Church City and the surrounding Northern Virginia communities. Every immigration motion is handled with the attention to procedural and factual detail that a motion to reconsider or reopen demands.
Frequently Asked Questions
What is an immigration motion?
An immigration motion is a formal written request asking USCIS, an Immigration Judge, or the Board of Immigration Appeals to take a specific action, such as reconsidering a previous decision or reopening a closed case. The motion must state the legal and factual grounds that support the request and, in many cases, must be accompanied by documentary evidence. The specific requirements depend on whether the motion is a motion to reconsider, a motion to reopen, or a motion to recalendar. For Falls Church residents, these motions are typically adjudicated by the Arlington Immigration Court or the USCIS Washington Field Office, depending on the underlying matter.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider asks the adjudicator to review a prior decision based on an alleged legal or factual error in the original ruling, while a motion to reopen asks the adjudicator to consider new evidence that was not available at the time of the original decision. A motion to reconsider must show that the decision was incorrect under the law that applied when the decision was made. A motion to reopen ordinarily requires the submission of previously unavailable, material evidence and must be filed within the applicable filing period. Both motions carry strict procedural requirements.
How can a Falls Church immigration motion lawyer help me?
An experienced immigration motion lawyer can review your immigration history, identify the appropriate type of motion, prepare the legal brief and supporting evidence, and file the motion with the correct USCIS office or immigration court. Because immigration motions have detailed filing requirements and often short deadlines, having legal representation helps ensure that all necessary documentation is included and that procedural rules are followed. Law Offices Of SRIS, P.C. represents Falls Church residents in motions before the Arlington Immigration Court, the Annandale Immigration Court, and USCIS. Reach the firm at (888) 437-7747.
What evidence do I need to file an immigration motion?
The evidence required depends on the type of motion and the grounds asserted, but typically includes any court or agency decision that is the subject of the motion, new evidentiary materials supporting the request, and a detailed affidavit explaining the factual circumstances. For a motion to reopen, the evidence must be new and must not have been available at the prior hearing or interview. For a motion to reconsider, the evidence focuses on the legal or factual error in the original adjudication. The firm’s attorneys review all available evidence and help clients determine what documents are needed.
Can I file an immigration motion myself?
Yes, you are permitted to file an immigration motion on your own behalf, but because motions require a precise statement of the legal and factual grounds and adherence to strict procedural rules, many people find it helpful to work with an immigration attorney. A motion that is improperly filed or that lacks the necessary evidentiary support can be denied without a hearing, and that denial may affect future immigration relief. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does it take to get a decision on an immigration motion?
The timeline for a decision on an immigration motion varies depending on the type of motion, the adjudicating body, and current processing backlogs. Motions filed with USCIS are processed according to the workload at the relevant service center or field office. Motions before the Arlington Immigration Court are scheduled by the court on its own calendar, and some motions may take several months or longer. The firm monitors the status of all filed motions and keeps clients informed of any developments.
Immigration lawyer in Fairfax County ·
Immigration lawyer in Fairfax City ·
Immigration lawyer in Prince William County ·
Virginia immigration lawyer
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.