Motion to Reconsider Lawyer Spotsylvania County, VA

When an immigration decision goes against you—whether it is a denied visa petition, a denied adjustment of status, or an unfavorable ruling from the immigration court—you may have the right to ask the deciding body to take another look. A motion to reconsider is a formal request that asks USCIS, the Board of Immigration Appeals, or an immigration judge to re‑examine a decision based on legal or factual error. For residents of Spotsylvania County, Virginia, and the surrounding communities, Law Offices Of SRIS, P.C. handles these motions. Mr. Sris and his Of Counsel work with clients to assess whether the record supports a reconsideration filing and to prepare the motion with the necessary legal argument and evidence. If you have received a denial or an adverse decision, reach our Fairfax location at (888) 437‑7747 to request a consultation about your reconsideration options. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What a Motion to Reconsider Means in an Immigration Case

A motion to reconsider is not an appeal; it is a request to the same authority that issued the decision. Under the Immigration and Nationality Act and the regulations of the Executive Office for Immigration Review, a motion to reconsider must identify a specific error of law or fact in the prior decision and must be supported by the existing record. It does not introduce new evidence (that would be a motion to reopen). The standard is exacting: the moving party must show that the decision was based on an incorrect application of the law or a misreading of the facts that were already before the adjudicator.

For Spotsylvania County residents, because immigration matters are exclusively federal, no local court in the county has jurisdiction over a reconsideration request. Instead, the motion is directed to the same USCIS office or the same Immigration Court that issued the underlying decision. For most affirmative applications—such as a green card or naturalization—the relevant USCIS field office is the Washington District Office at 2675 Prosperity Avenue, Fairfax. For removal-defense matters, the case is before the Arlington Immigration Court. Law Offices Of SRIS, P.C. assists clients from Spotsylvania County, Chancellor, and Massaponax in preparing motions to reconsider that are tailored to the specific decision and the applicable standard of review.

Common Questions About Immigration Motions to Reconsider

What is the difference between a motion to reconsider and a motion to reopen?

A motion to reconsider challenges a legal or factual error in the existing decision, while a motion to reopen asks the adjudicator to consider new evidence that was not previously available. The two motions are governed by different standards and time limits, and they serve distinct purposes. If a USCIS officer or immigration judge misapplied the statute or overlooked key record evidence, a reconsideration motion is the appropriate vehicle. If new facts have come to light—such as a change in country conditions or a newly discovered document—a motion to reopen is typically the correct choice. Mr. Sris and his Of Counsel evaluate each client’s situation to determine which motion, if any, offers a viable path forward. For guidance on your specific matter, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Do I need a lawyer to file a motion to reconsider with USCIS or the immigration court?

You are not required to have a lawyer to file a motion to reconsider, but the procedural and legal requirements are complex, and errors in the motion can result in a denial or even limit your future options. A motion to reconsider must be drafted with precision, citing the specific legal authority and pointing to the exact error in the prior decision. The deadline for filing is short, and the motion must comply with formatting and service requirements. An experienced immigration lawyer can assess whether reconsideration is worth pursuing and can prepare the strongest possible motion. For a consultation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

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

Generally, a motion to reconsider must be filed within a specific number of days of the decision for immigration court matters and within a specific number of days of the decision for most USCIS denials, but the applicable deadline depends on the type of decision and the issuing body. In some circumstances, the deadline may be extended or a late-filed motion may be accepted if good cause is shown, but practitioners should assume the window is strict. If you have received an adverse decision, it is important to act promptly. Mr. Sris and his Of Counsel can review the decision and advise you on the applicable filing deadline for your case. Reach our Fairfax location at (888) 437‑7747 to discuss your timeline.

What happens after I file a motion to reconsider?

After a motion to reconsider is filed, the adjudicator will review the motion and the prior decision to determine whether a legal or factual error was made; they may either grant the motion and reopen the case, deny the motion, or take no immediate action. If the motion is granted, the prior decision is set aside and the matter is reconsidered—this does not guarantee a favorable outcome, only that the case will be looked at again. If the motion is denied, the original decision stands, and you may need to consider an appeal or other remedies. The timeline for a decision on the motion varies; the adjudicator is not bound by a statutory timeframe for ruling on motions. An attorney can help you understand the possible outcomes and plan your next steps. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.

Can I file a motion to reconsider after a removal order?

Yes, in some circumstances a motion to reconsider may be filed after a removal order, but the rules are very strict and the motion must be filed within the jurisdictional time limit set by statute and regulation. A removal order is the most serious consequence in immigration law, and a motion to reconsider is one of the few ways to challenge a final order without appealing to a higher body. However, filing a motion to reconsider does not automatically stop removal; you may need to separately request a stay of removal. The filing deadline is generally 30 days from the date of the immigration judge’s decision. The standard of review is demanding. Law Offices Of SRIS, P.C. represents individuals in removal proceedings at the Arlington Immigration Court, which hears cases for Spotsylvania County residents. To discuss your situation, contact the firm at (888) 437‑7747.

How does a Virginia lawyer help with a motion to reconsider filed in a different state?

Because immigration law is federal, an attorney admitted to practice anywhere in the United States can represent a client before USCIS or the immigration courts regardless of where the client lives, so a Virginia‑based lawyer can file a motion to reconsider for a Spotsylvania County resident even if the underlying application was processed elsewhere. The geographic location of the attorney is not a barrier, and many immigration practitioners represent clients nationally. Mr. Sris and his Of Counsel handle reconsideration motions for clients throughout Virginia and in other states, leveraging their experience with the relevant USCIS field offices and immigration courts. For Spotsylvania County families, the proximity of the Fairfax location makes in‑person consultations convenient when needed, but most motion‑preparation work can be done remotely. Reach the firm at (888) 437‑7747 to discuss your matter.

What should I bring to a consultation about a motion to reconsider?

Bring the written decision you want to challenge, any correspondence from USCIS or the immigration court, your complete immigration history, and any documents that you believe show the error in the decision. Having the denial notice or order is critical because the motion must identify the specific error in that document. Pay stubs, tax returns, marriage certificates, birth certificates, and prior approval notices can all be relevant. If you have previously submitted evidence that the adjudicator overlooked, bring that evidence and show where it appears in the prior record. Organizing this information before the consultation helps the attorney evaluate the strength of your reconsideration case quickly. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

How much does it cost to file a motion to reconsider?

The filing fee for a motion to reconsider with USCIS depends on the type of application; for many motions, a fee is required, but fee waivers may be available for eligible applicants. As of the latest USCIS fee rule, the motion-to-reconsider fee can vary by the underlying benefit request. The total cost to the client includes the government filing fee and the attorney’s fee, which is case‑specific. Law Offices Of SRIS, P.C. Discusses fees during the initial consultation and provides a clear fee agreement before any work begins. Because each case is different, there is no flat rate; the complexity of the legal argument and the volume of the record affect the cost. To get an estimate for your situation, call (888) 437‑7747.

Can I file a motion to reconsider if I already appealed?

Generally, if you have already appealed a decision, you cannot simultaneously file a motion to reconsider with the same authority; the appeal divests the lower body of jurisdiction over the matter. However, there are narrow exceptions, and sometimes a motion to reconsider is filed before an appeal is taken, or in the alternative while the appeal is pending. The interplay between appeals and motions can be procedurally complex, and choosing the wrong path can prejudice your case. It is important to consult with an attorney before you commit to a particular procedural route. Mr. Sris and his Of Counsel can help you understand your options and the risks of each. Reach our Fairfax location at (888) 437‑7747.

How long does it take for a motion to reconsider to be decided?

There is no fixed timeline for USCIS or the immigration court to rule on a motion to reconsider; the processing time depends on the workload of the deciding office, the complexity of the case, and other factors. Some motions are decided within a few months, while others remain pending for a year or longer. The adjudicator has broad discretion to manage the docket. An attorney can monitor the status of the motion and, when appropriate, follow up with the agency through case inquiries or congressional liaison channels. While the wait can be unsettling, patience is often necessary. For guidance on your specific case, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

About Mr. Sris and His Of Counsel

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 and has since concentrated his practice on immigration matters, among other areas. A former prosecutor, Mr. Sris is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. He personally leads the firm’s immigration work and has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team brings extensive combined legal experience with immigration procedures, including motions practice before USCIS and the immigration courts. The firm represents clients from Spotsylvania County and across Virginia in family‑based petitions, adjustment of status, naturalization, removal defense, and motions to reconsider. Mr. Sris and his Of Counsel work collaboratively to present the strong case for each client.

To discuss a motion to reconsider or any immigration matter, call (888) 437‑7747. The firm’s Fairfax location is convenient to Spotsylvania County and consultations are available by appointment.

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