Immigration Motion Lawyer Fairfax, VA
An immigration motion is a formal legal request asking a government agency or court to take a specific action on a pending immigration matter. For residents of Fairfax County and Fairfax City, Virginia, such motions may be filed with U.S. Citizenship and Immigration Services (USCIS) at the Washington District Office on Prosperity Avenue in Fairfax, with the Executive Office for Immigration Review (EOIR) at the Arlington Immigration Court or the Sterling Immigration Court, or with the Board of Immigration Appeals in Falls Church. Law Offices Of SRIS, P.C. Concentrates its immigration practice on motions to reopen, motions to reconsider, and related filings that can affect a person’s ability to remain in the United States, obtain lawful status, or avoid removal. Mr. Sris and the firm’s Of Counsel attorneys bring experience with the procedural requirements and evidentiary standards specific to each forum. To request a consultation about an immigration motion in Fairfax, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Immigration Motion Means in Fairfax
An immigration motion is a request directed to an immigration judge, the Board of Immigration Appeals, or a USCIS officer asking the adjudicator to take a particular action. Common motion types include a motion to reopen—asking the tribunal to revisit a case based on new facts or evidence that were not available at the time of the original decision—and a motion to reconsider, which argues that the prior decision was legally or factually incorrect based on the record that already existed. A motion to recalendar, a motion to terminate proceedings, or a motion for a continuance may also be filed depending on the procedural posture of a case.
For individuals living in Fairfax County or Fairfax City, the appropriate filing venue depends on where the case is pending. Affirmative applications such as adjustment of status (Form I‑485) or a motion to reopen an I‑751 removal of conditions are generally decided by USCIS at its Washington District Office at 2675 Prosperity Avenue in Fairfax. Cases in removal proceedings, on the other hand, are heard at the Arlington Immigration Court, 1901 South Bell Street, Arlington, Virginia 22202. Motions filed while a case is pending before the Board of Immigration Appeals are governed by the Board’s own procedural rules. Because deadlines, filing fees, and the applicable legal standards differ by forum, working with an attorney who is familiar with the specific tribunal can help avoid procedural defaults that might otherwise bar relief.
How Mr. Sris and His Of Counsel Handle Immigration Motion Cases
When a client approaches the firm regarding a potential immigration motion, the first step is to review the procedural history of the case and identify the legal basis for the motion. That often means examining the prior decision, the evidence that was before the adjudicator, and any new evidence that can be submitted. For a motion to reopen, the attorney must show that the new evidence is material and could not have been discovered or presented at the prior hearing. For a motion to reconsider, the attorney must demonstrate that the prior decision applied an incorrect legal standard or overlooked controlling authority.
The firm then drafts the motion, prepares the supporting affidavit and any documentary exhibits, and files the motion with the proper tribunal—USCIS, the Immigration Court, or the Board of Immigration Appeals—along with the applicable filing fee or a fee-waiver request. After filing, the attorney monitors the case status and responds to any requests for evidence or objections from the government. Where permitted, the firm advocates on the client’s behalf at any subsequent hearing. Mr. Sris and his Of Counsel have experience with motions that involve complex legal issues such as claims of ineffective assistance of prior counsel, changed country conditions, or the effect of a vacated criminal conviction on immigration consequences.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. He is a former prosecutor and has concentrated his practice on immigration, criminal defense, and family law for over twenty‑five years. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, which enables the firm to serve clients whose immigration matters intersect with multiple state‑court proceedings. He 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 bring additional litigation experience and work collaboratively with Mr. Sris on immigration motion cases. Mr. Sris and his Of Counsel bring extensive combined legal experience. Firm‑wide, the attorneys have handled over 4,739 documented case results across all practice areas. Results may vary. For a consultation about an immigration motion in Fairfax, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Frequently Asked Questions
What is an immigration motion?
An immigration motion is a formal written request asking USCIS, the Immigration Court, or the Board of Immigration Appeals to take a specific action on a pending or previously decided case. The most common motions are a motion to reopen, which asks the tribunal to consider new facts or evidence, and a motion to reconsider, which argues that the prior decision was legally erroneous based on the existing record. Other motions, such as a motion for a continuance or a motion to recalendar, address procedural scheduling. Filing deadlines, evidentiary requirements, and the appropriate venue depend on the type of motion and the forum where the case is pending. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
When should I file a motion to reconsider an immigration decision?
A motion to reconsider should be filed when the prior decision applied an incorrect legal standard, misapplied the law to the facts, or overlooked controlling legal authority. The motion must be supported by a legal brief that identifies the specific error and explains how the correct application of the law would change the outcome. Motions to reconsider do not generally allow the submission of new evidence; instead, they are limited to arguments based on the record that was already before the adjudicator. For advice on whether a motion to reconsider is appropriate in your case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the immigration motion process work for Fairfax residents?
For a resident of Fairfax County or Fairfax City, the process begins by identifying which tribunal has jurisdiction—USCIS at the Washington District Office on Prosperity Avenue in Fairfax, the Arlington Immigration Court on South Bell Street, or the Board of Immigration Appeals—and then preparing and filing the motion with the required fee or a fee‑waiver request. The motion must include a legal memorandum, any supporting affidavits, and documents that meet the applicable evidentiary standard. After the motion is filed, the government has an opportunity to respond, and the attorney may file a reply. The adjudicator then decides the motion on the papers or schedules a hearing. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for an immigration motion?
While you are not legally required to have an attorney, filing a motion involves strict deadlines, specific procedural rules, and a detailed understanding of immigration law. A small procedural mistake can result in a motion being denied or rejected without a decision on the merits. An experienced lawyer can evaluate the strength of your legal arguments, gather the necessary evidence, and draft the motion to comply with the requirements of the particular tribunal. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
What should I bring to a consultation about an immigration motion?
You should bring all documents related to your immigration case, including any prior decisions, hearing notices, your passport, I‑94 arrival record, and copies of previously filed applications. If you have a criminal record or any interaction with law enforcement, bring the certified disposition of every charge. Any new evidence that supports reopening the case—such as a recently obtained document, an affidavit from a witness, or evidence of changed country conditions—should also be brought to the consultation. For guidance on what is relevant to your particular motion, call Law Offices Of SRIS, P.C. at (888) 437-7747.
How can I reach a Fairfax immigration motion lawyer?
You can reach Law Offices Of SRIS, P.C. Toll‑free at (888) 437-7747 to schedule a consultation about an immigration motion. The firm’s Fairfax location is at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. Staff can also arrange a telephone consultation if an in‑person meeting is not convenient. The firm practices immigration law for clients throughout Fairfax County, Fairfax City, and Northern Virginia.
Related immigration resources:
- Fairfax County immigration lawyer
- Falls Church immigration lawyer
- Prince William County immigration lawyer
Additional authority sources:
- USCIS official website — forms, fees, and processing information
- Arlington Immigration Court — operating under the Executive Office for Immigration Review
- Title 8 of the U.S. Code — Immigration and Nationality Act provisions
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.