Immigration Motion Lawyer Orange County, VA

When an immigration application is denied or a removal order is entered, a motion to reopen or reconsider can be a critical tool for correcting legal errors or presenting new evidence. For Orange County, Virginia residents, these motions are handled by U.S. Citizenship and Immigration Services (USCIS), the Arlington Immigration Court, or the Board of Immigration Appeals (BIA). Law Offices Of SRIS, P.C. represents clients in Orange County and throughout Virginia in immigration motion practice. The practice is led by Owner and Founder Mr. Sris, a former prosecutor who understands the value of a well-prepared motion. To discuss your case, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Immigration Motion Means in Orange County

An immigration motion is a formal request asking an adjudicating body—USCIS, an immigration judge, or the BIA—to reconsider or reopen a prior decision. A motion to reconsider points out a legal or factual error in the earlier ruling. A motion to reopen asks the tribunal to look at new evidence that was not available at the time of the original decision. For Orange County residents, these filings are processed through the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax for affirmative applications such as adjustment of status or naturalization, and through the Arlington Immigration Court at 1901 South Bell Street in Arlington for removal (deportation defense) proceedings. Because immigration motions have strict filing deadlines set by federal regulation—often counted in days from the date of the decision—prompt action is essential.

Whether you are challenging an I-485 denial, a BIA dismissal of an appeal, or an in absentia removal order, the motion must be drafted to meet the specific legal standard required by the governing statute. Motions under 8 U.S.C. § 1229a(c)(6) and the corresponding regulations at 8 C.F.R. Part 1003 require precise citation to legal authority and a detailed presentation of the factual basis. An experienced immigration attorney can identify the strongest grounds for filing and ensure the motion complies with procedural requirements, including the necessity of serving the opposing party and filing within the applicable time period.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Immigration Motion Cases

Mr. Sris and the firm’s Of Counsel attorneys take a structured approach to immigration motion practice. The process begins with a thorough review of the prior decision and the entire administrative record. The team identifies whether the error is legal, factual, or procedural, and determines whether a motion to reconsider is the appropriate remedy or whether a different path—such as an appeal, a new application, or federal court review—is more suitable. If a motion is warranted, the legal memorandum is written to address the specific standard: for a motion to reconsider, the argument must pinpoint an error of law or misapplication of fact; for a motion to reopen, the new evidence must be material, previously unavailable, and likely to change the outcome.

Because Orange County residents may have cases before different tribunals, the firm tailors the motion to the venue. For example, motions before the Arlington Immigration Court follow the Immigration Court Practice Manual, while those before the BIA follow the BIA Practice Manual. Mr. Sris and the firm’s Of Counsel attorneys also handle motions in conjunction with other forms of immigration relief, such as cancellation of removal, asylum, or adjustment of status, so the motion strategy aligns with the broader case objectives. The firm’s experience across multiple immigration forums—including the Annandale and Sterling Immigration Courts in addition to Arlington—helps ensure the motion is filed correctly and presented persuasively.

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 and has been practicing law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Throughout his career, Mr. Sris has represented individuals and families in immigration matters, including motions to reconsider, motions to reopen, and appeals. 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 immigration law experience to every case, working alongside Mr. Sris to prepare and argue motions. Together, they handle immigration motion matters for Orange County residents, from simple administrative motions to complex litigation before the BIA. The firm offers consultations by appointment; call (888) 437-7747 to schedule.

Frequently Asked Questions

What is an immigration motion to reconsider?

An immigration motion to reconsider asks USCIS, an immigration judge, or the BIA to review a decision based on an alleged legal or factual error. It is not an opportunity to submit new evidence; the motion must establish that the decision was incorrect based on the law and the evidence already in the record. The motion must be filed within the time set by regulation and must specify the errors with supporting legal authority. If granted, the prior decision is vacated and the case is reconsidered. Results may vary.

When should I file a motion to reopen my immigration case?

A motion to reopen is appropriate when new, material evidence becomes available that was not presented at the original hearing or interview. The evidence must be relevant and could not have been discovered earlier through the exercise of due diligence. Motions to reopen are also used to rescind an in absentia removal order if the respondent did not receive proper notice. The filing deadline is generally short, so prompt consultation with an immigration attorney is recommended. For specific guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What is the difference between a motion to reconsider and an appeal?

A motion to reconsider asks the same body that issued the decision to review it for error, while an appeal asks a higher authority to examine the decision. A motion to reconsider does not stay the decision’s effect unless a stay is separately requested and granted. An appeal, such as to the BIA from an immigration judge’s order, moves the case to a different tribunal automatically upon filing. Both options have distinct deadlines and procedural rules, so the choice depends on the nature of the error and the client’s goals.

What happens after I file an immigration motion?

After filing, the motion is served on the opposing party (usually DHS) and the tribunal dockets the motion. The opposing party may file a response, and the adjudicator may schedule oral argument or rule on the briefs alone. Processing times vary significantly based on the type of motion and the tribunal’s caseload. While the motion is pending, the prior decision generally remains in effect, though a stay may suspend action. Mr. Sris and the firm’s Of Counsel attorneys monitor the progress and communicate with the tribunal as needed. Results may vary.

Can I file an immigration motion on my own?

You are permitted to file an immigration motion without an attorney, but the procedural and legal requirements are complex. A deficient motion may be denied for technical reasons, and filing a motion without legal support could inadvertently waive appellate rights. An attorney can evaluate whether a motion is the trusted strategy, gather the necessary evidence, and draft the legal memorandum to meet the applicable standard. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.

Primary‑Source Authority

USCIS Forms and Information – Official source for immigration benefit forms and current filing instructions.
Executive Office for Immigration Review (EOIR) – Department of Justice agency that administers the immigration courts and the Board of Immigration Appeals.
Virginia’s Judicial System – State court information for related matters such as name changes or criminal records that may affect immigration proceedings.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case.