Immigration Motion Lawyer Lexington, VA
After a denial from U.S. Citizenship and Immigration Services or an unfavorable decision from the immigration judge, the path forward may not be obvious. A Lexington resident who received a Notice of Intent to Deny a green‑card application, or who learned that an asylum claim was rejected, might believe the matter is closed. It may not be. A properly filed immigration motion—to reopen, to reconsider, or to remand—can bring the case back before the same adjudicator or a higher authority. Law Offices Of SRIS, P.C. Concentrates its immigration practice on precisely these procedural remedies. Mr. Sris, Owner and Founder of the firm, and his Of Counsel attorneys have navigated motions before USCIS, the Board of Immigration Appeals, and the Executive Office for Immigration Review for decades. For guidance on pursuing an immigration motion from Lexington, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Immigration Motion Means in Lexington
An immigration motion is a formal request asking an agency or court to take a specified action on a previously decided matter. Common motion types include a motion to reopen (based on new facts or evidence that were not available at the prior hearing), a motion to reconsider (asserting that the decision was legally incorrect), and a motion to remand (returning the case to the lower body for further proceedings). For Lexington residents, the procedural landscape depends on where the underlying case sits. Affirmative applications—such as family‑based adjustment of status or naturalization petitions—are filed and adjudicated at the USCIS Washington District Office, 2675 Prosperity Avenue, Fairfax, Virginia 22031. When a matter enters removal proceedings, jurisdiction lies with the Arlington Immigration Court, 1901 South Bell Street, Arlington, Virginia 22202, and appeals from that court go to the Board of Immigration Appeals in Falls Church.
Because immigration motions are subject to strict time limits and detailed evidentiary requirements, a motion prepared without a full understanding of the controlling regulations can result in a summary denial that forecloses further review. Law Offices Of SRIS, P.C. Appears on behalf of clients before all three bodies—USCIS, the immigration court, and the BIA—and prepares each motion with the factual record and supporting documentation necessary to meet the applicable standard. The firm’s Shenandoah Location serves Lexington residents, and consultations are available by phone at (888) 437-7747.
Immigration motions for Lexington, Virginia cases are subject to the jurisdictional rules of the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) and the regulations of the Executive Office for Immigration Review.
Source: 8 U.S.C. § 1101 et seq.; 8 C.F.R. Parts 1003, 103. USCIS Immigration and Nationality Act
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Immigration Motion Cases
Mr. Sris (lead counsel) and the firm’s Of Counsel attorneys begin by analyzing the exact procedural posture of the case. Whether the motion is directed to the USCIS administrative appeals office, to an immigration judge, or to the BIA, a successful motion must address the specific legal grounds for the original denial or adverse ruling. The firm identifies errors of law, overlooked evidence, or changed country conditions that support reopening or reconsideration, and assembles the record—affidavits, expert reports, and updated documentation—that the agency or court will require.
The typical timeline for a motion is case‑specific. USCIS motions are governed by the agency’s processing times; motions before the immigration court are subject to the court’s docket and the filing deadlines in 8 C.F.R. § 1003.23. Mr. Sris and his Of Counsel attorneys monitor each case and keep clients informed of developments. The firm has 14 documented case results in Lexington City across all practice areas. Results may vary.
Motions to reopen before the immigration court must generally be filed within 90 days of the final administrative order, subject to exceptions for changed country conditions and certain in‑absentia orders.
Source: 8 C.F.R. § 1003.23(b). eCFR § 1003.23
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced immigration law since the firm’s inception in 1997. He appears before USCIS, the Arlington and Annandale immigration courts, and the Board of Immigration Appeals. A former prosecutor, Mr. Sris brings an analytical background that informs his motion practice—identifying procedural defects and factual gaps that can be leveraged on behalf of the noncitizen. 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 add extensive combined legal experience. The immigration practice covers the full range of motion practice: motions to reopen, reconsider, remand, and sua sponte motions, as well as emergency stays of removal. The team is conversant in the frequent policy changes that affect eligibility and processing, and works to ensure every motion is supported by the necessary evidence and citations to current regulations.
Frequently Asked Questions
What is an immigration motion to reconsider?
An immigration motion to reconsider asks the same office that issued a decision to review it based on a claim of legal or factual error. It must identify the specific mistake the adjudicator made and explain why the outcome would have been different. Unlike a motion to reopen, a motion to reconsider does not introduce new evidence; it relies on the existing record. The motion is filed with USCIS, the immigration court, or the BIA, depending on where the case was last decided. Strict deadlines apply. Mr. Sris and his Of Counsel attorneys review the decision for reversible error and prepare the motion accordingly. For a detailed assessment, contact the firm at (888) 437-7747.
When should I file a motion to reopen?
A motion to reopen should be filed when new, material evidence becomes available that was not previously attainable and that would likely change the outcome. Examples include a change in country conditions for an asylum applicant, newly available documents supporting a family relationship, or the discovery that a prior attorney failed to present critical facts. The deadline is usually 90 days from the final order, though exceptions exist for certain cases. Time is limited, so prompt consultation is advised. A Lexington resident can reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss whether new evidence supports reopening.
Can I file a motion to reconsider with USCIS?
Yes, a motion to reconsider may be filed with the USCIS field office or service center that issued the denial, provided the motion is timely and identifies the specific error of law or fact. USCIS motions are governed by 8 C.F.R. § 103.5. If the motion is denied, the applicant may have the option to appeal to the Administrative Appeals Office. Because USCIS denials are often based on incomplete documentation or misinterpretation of the facts, Mr. Sris and his Of Counsel attorneys carefully reconstruct the record before filing. For guidance on a USCIS motion, contact the firm at (888) 437-7747.
How does a motion to reconsider differ from an appeal?
A motion to reconsider goes back to the same adjudicator who made the decision; an appeal escalates the case to a higher authority, such as the BIA or a federal circuit court. A motion argues that the original decision was erroneous based on the existing record, while an appeal asks a higher body to correct legal mistakes. Sometimes both are filed simultaneously, but a motion must be filed before the appeal deadline. The choice of procedure depends on the type of error and the stage of the case. Mr. Sris and his Of Counsel attorneys evaluate the specific circumstances to determine the most appropriate course.
What should I bring to a consultation about an immigration motion?
Bring a copy of the denial or adverse decision, the original application and all supporting documents, any correspondence from USCIS or the court, and a summary of the facts you believe were overlooked or misapplied. If the motion will rely on new evidence—such as updated country‑condition reports, new affidavits, or recently obtained civil documents—gather those materials as well. During the consultation, Mr. Sris will review the decision and identify potential grounds for a motion. To schedule a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747.
For related immigration service in other Virginia localities, see our pages for Fairfax County, Fairfax City, Falls Church, Prince William County, and Manassas. For a comprehensive statutory overview, visit our Virginia immigration practice page.
Official primary sources: U.S. Citizenship and Immigration Services · Executive Office for Immigration Review · Virginia’s Judicial System
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.