Motion to Reconsider Lawyer Fredericksburg, VA
If you have received an unfavorable decision in your immigration case, a motion to reconsider may give you an opportunity to ask the immigration judge or the administrative body that issued the ruling to look at the matter again. A motion to reconsider asks the original decision-maker to reexamine the decision based on an error of law or fact that you identify in the motion. In Fredericksburg, Virginia, these federal immigration matters are heard at designated immigration courts and field offices that process cases from across the Commonwealth. Mr. Sris, the firm’s Of Counsel attorneys, and Law Offices Of SRIS, P.C. represent individuals and families in immigration motions, including motions to reconsider, at the Annandale and Sterling Immigration Courts, before the Board of Immigration Appeals, and before U.S. Citizenship and Immigration Services. Reach our firm at (888) 437‑7747 to discuss your immigration matter. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Motion to Reconsider Means in Fredericksburg, Virginia
Fredericksburg residents with pending immigration filings do not appear in a local Virginia state court for immigration issues. Immigration is exclusively federal, so cases are routed through one of several nearby adjudication bodies. Affirmative applications—such as a family petition, green card, or naturalization—are processed at the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax. If you are in removal proceedings, your case is heard at the Arlington Immigration Court at 1901 South Bell Street in Arlington. Motions to reconsider can arise in either context. For example, if USCIS denies an I‑130 family petition, a motion to reopen or reconsider may be filed with the same USCIS office that issued the denial. If an immigration judge issues a removal order, a motion to reconsider may be filed with that same immigration court within the time allowed by the applicable regulations.
The motion to reconsider is a procedural tool governed by the Immigration and Nationality Act and the regulations of the Executive Office for Immigration Review. It is not a second bite at the apple on the same record. Rather, it must point to a specific error of law or fact in the earlier decision. This could be a misinterpretation of a statute, a misapplication of binding precedent, or an oversight of documentary evidence that was already in the file. In Virginia, because the immigration courts and USCIS field offices that serve Fredericksburg are located within a short drive in Fairfax, Arlington, and Sterling, local counsel who appear regularly in those forums can help you prepare and support the motion. Mr. Sris and the firm’s Of Counsel attorneys are familiar with the procedural expectations at these adjudication bodies and can evaluate whether a motion to reconsider is a viable next step for your case.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Motion to Reconsider Cases
Handling a motion to reconsider begins with a careful review of the prior decision and the record that was before the decision-maker. Mr. Sris, as lead immigration attorney, and the firm’s Of Counsel attorneys examine the denial notice, the underlying application or petition, and any supporting documents to identify legal or factual mistakes that the original adjudicator may have made. The motion itself is a formal written request that sets out the specific error, the legal authority supporting your position, and any evidence that the decision overlooked. It is not an opportunity to introduce new facts that you could have presented earlier; those are typically addressed through a separate motion to reopen.
After the motion is drafted, it is filed with the office that issued the decision—whether that is the Arlington Immigration Court, the Board of Immigration Appeals, or the USCIS Washington District Office. Filing deadlines are strict, and a late-filed motion will generally be denied unless you can show exceptional circumstances. Once submitted, the adjudicator will either grant the motion and issue a new decision on the merits or deny it, leaving you to decide whether to pursue an appeal. Throughout this process, Mr. Sris and the firm’s Of Counsel attorneys work to present a clear, well-supported argument that addresses the reason the motion is being brought. If the motion is granted, the underlying case may be reopened and decided differently; if denied, you may still have appellate rights before the Board of Immigration Appeals or a federal circuit court. Because the timeline for preserving those rights is limited, acting promptly is important.
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 who has been practicing law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He handles immigration matters personally and leads a team of experienced Of Counsel attorneys who assist with motions to reconsider before USCIS, the immigration courts, and the Board of Immigration Appeals. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a formal request that asks the immigration judge, USCIS, or the Board of Immigration Appeals to reexamine an earlier decision. It is not an appeal and does not ask a higher body to review the case. Instead, it points out a specific legal or factual error in the original determination and asks the same decision‑maker to correct it. A motion to reconsider must be based on the record that was already before the adjudicator and cannot rely on new evidence. It is a limited procedural remedy, but when granted it can change the outcome of a removal order, a denied application, or an unfavorable ruling.
When can I file a motion to reconsider an immigration decision?
The deadline for filing a motion to reconsider depends on which body issued the decision and what regulations apply. For decisions by an immigration judge, the motion generally must be filed within the time prescribed by the Immigration Court Practice Manual. For Board of Immigration Appeals decisions, a motion to reconsider must normally be filed within the time allowed by the applicable regulations. For USCIS denials, the deadline is set by the regulation governing the specific application type. Because missing the deadline can cause the motion to be denied without reaching the merits, you should speak with an immigration attorney as soon as possible after receiving a denial or unfavorable order.
What are common grounds for a motion to reconsider?
A motion to reconsider must identify an error of law or an error of fact in the prior decision. Legal errors can include misinterpreting a statute, misapplying a regulation, or failing to follow binding precedent from the Board of Immigration Appeals or a federal circuit court. Factual errors can include overlooking sworn testimony, misreading documentary evidence, or making a determination that is contradicted by the record. The motion must be specific; it cannot simply ask for a do‑over. The attorney drafting the motion carefully compares the decision to the governing law and the evidence that was already in the file to isolate the mistake and explain why it is material to the outcome.
How does a motion to reconsider work for Fredericksburg residents?
Because immigration is federal, Fredericksburg residents file motions to reconsider with the same offices that handled the underlying matter—typically USCIS in Fairfax or the immigration courts in Arlington or Sterling. A motion to reconsider a USCIS denial is mailed or delivered to the Washington District Office on Prosperity Avenue. A motion following an immigration judge’s removal order is filed with the Arlington Immigration Court on South Bell Street. If the Board of Immigration Appeals issued the decision, the motion is filed with the Board’s Clerk’s Office. Local counsel who regularly appear at these locations can ensure the motion is filed in the correct office and within the prescribed deadline. Mr. Sris and the firm’s Of Counsel attorneys handle motions to reconsider for clients throughout the Fredericksburg area, from initial evaluation through filing and any subsequent hearing.
Do I need a lawyer to file a motion to reconsider?
You are not legally required to have a lawyer, but the complexity of immigration motions makes legal representation strongly advisable. A successful motion to reconsider requires a detailed comparison of the decision to the law and the record. It is not simply a letter asking the agency to change its mind. If the motion fails to identify a specific legal or factual error, it will likely be denied. In addition, filing a meritless motion can sometimes delay other remedies or affect your ability to pursue an appeal. An experienced immigration attorney can assess whether a motion to reconsider is the right path and, if so, can draft a motion that addresses the precise error and gives you the an informed approach.
What is the difference between a motion to reconsider and an appeal?
A motion to reconsider asks the same decision‑maker to correct its own error, while an appeal asks a higher authority to review the decision. For example, a motion to reconsider an immigration judge’s order is filed with that same judge, whereas an appeal of the judge’s order goes to the Board of Immigration Appeals. The appeal process is governed by stricter deadlines and procedural requirements, and the appellate body generally reviews the decision for legal error rather than reweighing the facts. A motion to reconsider is sometimes a precursor to an appeal—or it may be an alternative when the appeal time has passed. Your immigration attorney can advise you on which route best fits your circumstances and which deadlines you must meet to preserve both options.
To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Additional immigration resources in Virginia:
Immigration Lawyer Fairfax County |
Immigration Lawyer Fairfax City |
Immigration Lawyer Falls Church |
Immigration Lawyer Prince William County |
Immigration Lawyer Manassas
Official resources:
Executive Office for Immigration Review (EOIR) |
U.S. Citizenship and Immigration Services (USCIS) |
Virginia Courts
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