Fairfax County Immigration Motion Lawyer — How to Reopen Your Case
If your immigration case in Fairfax County was denied or closed, filing a motion may be your legal recourse. An immigration motion lawyer Fairfax County from Law Offices Of SRIS, P.C. can assess your eligibility to file a motion to reopen or reconsider with the Arlington Immigration Court or USCIS.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Immigration motions are formal requests asking an Immigration Judge or the Board of Immigration Appeals (BIA) to re-examine a decision. These are governed by federal law, primarily the Immigration and Nationality Act (INA) and the Code of Federal Regulations (Title 8). A motion to reopen immigration case lawyer Fairfax County can argue based on new facts or evidence, while a motion to reconsider challenges the legal application in the original decision. Deadlines are strict—typically 30 days for a motion to reconsider and 90 days for a motion to reopen—making immediate action critical.
For official federal statutes, refer to the Immigration and Nationality Act (USCIS) and the Executive Office for Immigration Review (EOIR) regulations.
- Consult an Immigration Attorney: Immediately review your denial or removal order with a lawyer to identify grounds for a motion.
- Determine Motion Type: Your attorney will advise if your case needs a motion to reopen (new evidence), reconsider (legal error), or to change venue.
- Gather Evidence: Collect all new, material evidence that was not previously available, with certified translations if needed.
- Draft and File the Motion: Your lawyer prepares the legal brief, supporting affidavits, and files it with the correct court (Arlington Immigration Court or BIA) before the deadline.
- Prepare for Hearing: If the motion is granted, your case is reopened and you must prepare for a new merits hearing.
In Fairfax County, immigration motions are critical procedural tools to challenge unfavorable decisions, but they require strict adherence to federal deadlines and evidentiary standards.
| Motion Type | Legal Basis | Standard Deadline | Key Requirement |
|---|---|---|---|
| Motion to Reopen | New, material evidence not previously available | 90 days (generally) | Evidence must be documented and persuasive |
| Motion to Reconsider | Error of law or fact in the prior decision | 30 days | Must identify specific legal error |
| Motion to Change Venue | Change of address or convenience | Anytime before hearing | Good cause must be shown |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to immigration cases. Mr. Sris personally handles immigration matters, and his background in accounting and information systems provides an advantage in cases involving complex financial evidence. Indian Consulate officials in Washington, D.C. frequently consult him on U.S. legal matters affecting Indian nationals.
Our firm has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. In one immigration case, our team successfully argued a motion to reopen based on new country condition evidence, skilled to a grant of asylum for the client.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location represents clients at the Fairfax County courts and for immigration matters at the nearby USCIS Washington District Office and Arlington Immigration Court. We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. For an immigration case motion lawyer Fairfax County residents trust, contact our office.
Fairfax County Immigration Motion Lawyer FAQ
What is a motion to reopen in immigration court?
Yes. A motion to reopen asks the immigration court or BIA to restart your case based on new facts or evidence that was not available at your original hearing. You generally have 90 days to file this motion after a final order.
Can I file a motion if I missed my immigration court hearing?
It depends. You may file a motion to reopen if you can prove exceptional circumstances caused your absence. You must file within 180 days of the deportation order and show your case has merit. An immigration motion lawyer Fairfax County can evaluate your situation.
How much does it cost to file an immigration motion?
There is no government filing fee for most motions filed with the Immigration Court or BIA. However, legal fees for an attorney to prepare and file a strong motion vary based on complexity. Fee waivers are not applicable for attorney representation.
How long does it take for a motion to be decided?
There is no set timeline. The Arlington Immigration Court or BIA can take several months to over a year to rule on a motion. The backlog of cases significantly impacts processing times. An immigration case motion lawyer Fairfax County can manage expectations.
What happens if my motion to reopen is granted?
If granted, your removal order is put on hold and your case is reopened for a new hearing. You will have the opportunity to present your full case, including any new evidence, before the Immigration Judge.
For more information, see our Virginia Immigration Lawyer hub page. We also assist with criminal defense in Fairfax County and DUI cases.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.