Immigration Motion Lawyer Fauquier County, VA
When immigration status is at stake, a carefully prepared motion filed with the immigration court or U.S. Citizenship and Immigration Services can change the direction of a case. For Fauquier County residents, immigration motions—such as motions to reconsider, motions to reopen, or motions to terminate removal proceedings—are handled at the Arlington Immigration Court, part of the Executive Office for Immigration Review, or at the USCIS Washington Field Office in Fairfax. Law Offices Of SRIS, P.C. Concentrates its practice on immigration law, including motions practice before both agencies. Federal immigration law governs all such proceedings, and consequences can include removal from the United States, bars on reentry for three years (for unlawful presence of more than 180 days but less than one year) or ten years (for one year or more), and a permanent bar following a prior removal and unlawful reentry. Mr. Sris and his Of Counsel work with individuals and families across Fauquier County to prepare motions that present the factual and legal basis for relief. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Immigration Motion Means in Fauquier County
An immigration motion is a formal written request asking an immigration judge, the Board of Immigration Appeals, or USCIS to take a specific action. It is not a new application for a benefit; rather, it seeks to correct an error, introduce new evidence, or change the posture of an existing case. For people living in Warrenton, New Baltimore, Bealeton, Marshall, The Plains, and throughout Fauquier County, motions practice arises most often when a prior decision—such as a removal order, a denied application for adjustment of status, or a denied asylum claim—needs to be revisited because of changed circumstances or legal error.
Locally, affirmative applications like family-based green cards and naturalization are processed at the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax, while contested removal proceedings where motions are filed are heard at the Arlington Immigration Court at 1901 South Bell Street in Arlington. The Arlington Immigration Court holds hearings for respondents from Northern Virginia, including Fauquier County. An immigration judge at that court has authority to grant, deny, or hold in abeyance a motion based on the record and applicable law. Mr. Sris and his Of Counsel are familiar with the procedural expectations of this court and prepare motions accordingly. Clients from Fauquier County meet with the firm by appointment at the Fairfax location at 4008 Williamsburg Court, Fairfax, VA 22032, or conduct consultations by phone. The firm’s deep familiarity with the Immigration and Nationality Act and its implementing regulations allows it to frame motions that address the specific legal standards the court will apply.
How Mr. Sris and His Of Counsel Handle Immigration Motion Cases
Each immigration motion case begins with a review of the record of the prior proceeding and a discussion of the client’s goals. Whether the matter involves a motion to reopen based on new evidence, a motion to reconsider a legal error, a motion to terminate proceedings for lack of jurisdiction or other grounds, or a motion to change venue, the legal strategy must be tailored to the specific procedural posture. Mr. Sris and his Of Counsel identify the applicable legal standard, gather supporting documentation, and draft the motion with a detailed memorandum of law.
After the motion is filed with the immigration court or USCIS, the opposing party—typically the Department of Homeland Security or a trial attorney—has an opportunity to respond. The court may rule on the motion based on written submissions alone or schedule oral argument. If a hearing is set, Mr. Sris and his Of Counsel appear at the Arlington Immigration Court or, when appropriate, participate telephonically. Throughout the process, the firm keeps clients informed about the status of their motion and what to expect next. Every case is fact-specific, and the timeline depends on the court’s calendar and the complexity of the issues raised. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, giving the firm the ability to handle immigration matters for clients who may have ties to multiple jurisdictions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He focuses part of his practice on immigration law and has assembled a team of Of Counsel attorneys with extensive experience in federal immigration practice.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. Immigration motions require precise legal drafting and an understanding of the particular immigration judge’s expectations. The firm’s collective familiarity with the Arlington Immigration Court and the USCIS Washington Field Office, combined with a commitment to individual case review on every matter, helps clients put forward the strongest possible motion.
Frequently Asked Questions
What is an immigration motion?
An immigration motion is a formal written request asking the immigration court, the Board of Immigration Appeals, or USCIS to take a specific action on a pending or previously decided case. It is not the same as filing a new application for a visa or green card. Common motions include motions to reopen (based on new evidence), motions to reconsider (based on legal error), motions to terminate proceedings, and motions to change venue. The motion must state the relief requested and include supporting documentation and legal argument. The judge or officer reviews the motion and any opposition from the government before issuing a decision. Because the rules governing motions are technical, working with an experienced immigration attorney is strongly recommended.
Can filing an immigration motion stop deportation?
Yes, in appropriate circumstances, filing a motion can stay removal proceedings while the immigration judge decides the motion. A motion to reopen or a motion to reconsider typically does not automatically stop deportation; however, the filing may prompt the court to hold the removal in abeyance. If the motion is granted, the underlying removal order may be vacated, and the case may proceed to a hearing on the merits. If the motion is denied, removal may resume. It is important to file the motion promptly and with a strong factual and legal basis to maximize the chance of favorable consideration. Mr. Sris and his Of Counsel evaluate each situation to determine whether a motion is the right step.
What types of immigration motions does Law Offices Of SRIS, P.C. handle for Fauquier County clients?
The firm handles motions to reopen, motions to reconsider, motions to terminate removal proceedings, motions to change venue, and emergency motions for stay of removal, among others. Each type of motion has distinct filing deadlines, content requirements, and legal standards. For example, a motion to reconsider must demonstrate that the immigration judge misapplied the law, while a motion to reopen typically requires presentation of new, previously unavailable evidence. Mr. Sris and his Of Counsel assess the procedural posture of each case and determine which motion, if any, offers a viable path to relief. The firm’s familiarity with the Arlington Immigration Court helps ensure that motions are presented effectively.
Do I need a lawyer to file an immigration motion, or can I do it myself?
You are not legally required to hire a lawyer to file an immigration motion, but doing so without experienced legal guidance carries significant risk. Immigration motions involve complex procedural rules, short filing deadlines, and the need to present persuasive legal arguments under the Immigration and Nationality Act and applicable precedent. An incomplete or poorly drafted motion may be denied, and in some contexts, a denial can prejudice future relief. Mr. Sris and his Of Counsel are familiar with the standards applied at the Arlington Immigration Court and can prepare a motion that addresses the specific concerns likely to be raised by the immigration judge or the DHS trial attorney. A consultation can help you understand your options.
What happens at the Arlington Immigration Court when a motion is filed?
Once a motion is filed at the Arlington Immigration Court, the court dockets the motion and provides a copy to the Department of Homeland Security, which then has an opportunity to file a response. The judge may decide the motion solely on the written submissions or schedule a hearing for oral argument. At the hearing, the judge hears from both sides, asks questions, and may issue a ruling from the bench or take the matter under advisement. If the motion is granted, the underlying case proceeds accordingly—for example, a reopened case may go to a full removal hearing. If denied, further appeals may be available through the Board of Immigration Appeals. Mr. Sris and his Of Counsel attend these hearings and argue on behalf of clients.
How do I get started with an immigration motion lawyer in Fauquier County?
To begin, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. During the initial conversation, a member of the firm will discuss the specific immigration issue you face, review the procedural history of your case, and outline the types of motions that may be appropriate. The firm serves Fauquier County residents from its Fairfax location, with consultations available by phone or by appointment in person. Because motion deadlines can be strict, it is wise to reach out promptly after receiving an adverse decision or learning of new evidence. Mr. Sris and his Of Counsel are dedicated to helping clients put forward the strongest motion possible.
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