Immigration Motion Lawyer Roanoke County, VA
You submitted an immigration application with USCIS—perhaps a family-based petition or adjustment of status—and it was denied. Maybe you appeared before the Immigration Court and received a removal order that you believe was decided on an error of law. You feel stuck, but a procedural tool may still be available: an immigration motion. For Roanoke County residents, motions to reconsider, motions to reopen, and motions to remand are filed with the same agencies that issued the underlying decision. An attorney who understands the procedural rules and the factual record can identify whether a motion may succeed in your specific situation. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. work with individuals and families throughout Virginia, including Roanoke County, to evaluate and prepare immigration motions. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is an Immigration Motion and When Can It Help You?
An immigration motion is a formal request to USCIS, an Immigration Judge, or the Board of Immigration Appeals to reconsider, reopen, or remand a prior decision. Motions are not appeals that raise entirely new legal theories; rather, they ask the decision‑maker to correct a factual or legal mistake, consider evidence that was unavailable before, or adjust a ruling in light of changed circumstances. For example, if USCIS denied your adjustment of status because it misinterpreted your affidavit of support, a motion to reconsider may point out the error. If you have new, material evidence that was not available at the time of your hearing—such as a birth certificate that establishes family ties—a motion to reopen may allow that evidence to be considered. The availability, deadlines, and requirements for each type of motion are governed by the Immigration and Nationality Act and the EOIR regulations. Because missing a deadline or failing to articulate the proper legal ground can permanently foreclose relief, many people choose to work with an immigration attorney.
Motions are not automatically granted, and filing one does not stay removal in every case. In removal proceedings, a motion to reopen or reconsider must be filed within a specific timeframe, and the Immigration Judge or Board must decide whether the movant has met the relevant standard. For Roanoke County residents, the relevant adjudicative bodies are the USCIS Washington District Office in Fairfax for affirmative applications and the Arlington Immigration Court for removal proceedings. Mr. Sris and his Of Counsel review the entire procedural history to determine whether a viable motion can be filed, what evidence must be submitted, and how to frame the legal argument. They also advise on whether additional steps—such as seeking prosecutorial discretion or pursuing a separate form of relief—should be considered in tandem.
Frequently Asked Questions
What is an immigration motion?
An immigration motion is a formal request to a decision‑maker—USCIS, an Immigration Judge, or the Board of Immigration Appeals—to reconsider, reopen, or remand a prior adverse decision. Motions allow parties to correct legal or factual errors, introduce new evidence, or address changed circumstances. The rules that govern deadlines, required forms, and evidentiary standards are found in the Immigration and Nationality Act and the corresponding regulations. Because the procedural posture of each case is unique, an experienced attorney can analyze whether a motion is timely and likely to succeed in light of the specific facts.
When can I file a motion to reconsider a USCIS denial?
A motion to reconsider a USCIS denial is appropriate when you believe the decision was based on an incorrect application of law or policy to the facts that were already in the record. It is not a vehicle for submitting new evidence; instead, it points out specific errors in the decision. The motion must be filed within the timeframe provided in the denial notice, typically 30 days, and must state the grounds with enough specificity to allow the reviewing officer to locate the error. If the error is clear, USCIS may grant the motion and re‑adjudicate the underlying application. Because the standard is high, many applicants work with counsel to identify precisely where the decision went wrong.
What is a motion to reopen removal proceedings?
A motion to reopen removal proceedings asks the Immigration Judge or the Board of Immigration Appeals to review a case again in light of new, material evidence that was not available at the time of the original hearing. The evidence must be relevant to the claim for relief and must not have been discoverable through reasonable diligence earlier. Examples include recently issued country‑condition reports for asylum applicants, newly obtained critical documents, or evidence that a qualifying family relationship existed but could not be proved before. The motion must be filed within the applicable statutory or regulatory period, and it is not a second chance to reargue the same facts.
Do I need a lawyer to file an immigration motion in Roanoke County?
You are not legally required to have a lawyer, but immigration motions involve complex procedural rules and tight deadlines that, if mishandled, can permanently bar relief. An attorney can assess whether a motion is the correct procedural vehicle, draft the legal memorandum that identifies the error or explains the new evidence, and ensure that all supporting documents are submitted in the proper format. In cases involving removal proceedings before the Arlington Immigration Court, the stakes are especially high. Mr. Sris and his Of Counsel offer consultations to discuss the viability of a motion for Roanoke County residents.
What should I do if my immigration application was denied?
First, read the denial notice carefully to understand the reason for the decision and the deadline for filing a motion or appeal. Gather all the documents you submitted and any correspondence from USCIS. Do not ignore the denial; in some situations, a failure to file a timely motion can result in the accrual of unlawful presence or the issuance of a removal order. Contact an immigration attorney who can review your case, determine whether a motion, appeal, or alternative remedy is available, and help you preserve your legal options. Prompt action is important because many deadlines run from the date the decision is mailed.
Can a motion stop deportation?
A properly filed motion to reopen or reconsider may delay removal in some circumstances, but filing alone does not automatically halt deportation. If a person is subject to a final order of removal, a motion to reopen combined with a request for a stay of removal may be filed with the Immigration Court or the Board of Immigration Appeals. Granting a stay is discretionary; the decision‑maker weighs the likelihood of success on the motion against other factors. For Roanoke County residents, the Arlington Immigration Court handles such requests. Legal representation can make a difference in presenting the case for a stay.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider argues that the original decision was legally or factually incorrect based on the record that existed at that time, while a motion to reopen asks the decision‑maker to consider new, material evidence that was not previously available. Reconsideration focuses on errors in the analysis of existing facts; reopening focuses on evidence that has surfaced after the decision. Both are subject to strict numerical and time limits. The choice between them depends on the specific circumstance: why was the application denied, and what additional information or legal argument can be presented now that was not before the agency earlier?
How long does it take to get a decision on an immigration motion?
Processing times vary considerably depending on the agency, the type of motion, and the current caseload. A motion to reconsider filed with USCIS may be decided within several months, but it can also take longer if the matter is complex. Motions filed with the Immigration Court or the Board of Immigration Appeals are subject to the court’s docket. During the pendency of a motion, the underlying removal order may remain in effect unless a stay is granted. It is wise to work with an attorney who can set realistic expectations based on experience with the particular adjudicative body.
How much does it cost to file an immigration motion?
Government filing fees for motions depend on the type of motion and the agency with which it is filed; some motions have no fee, while others require payment. For example, certain motions to reopen or reconsider before USCIS are subject to a fee that may be waived for indigent applicants. Motions before the Immigration Court or Board may also involve fees, and biometrics costs can apply in some cases. Attorney fees vary by the complexity of the case and the amount of work required. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss the specifics of your situation and obtain a fee estimate.
Where are Roanoke County immigration motions processed?
Roanoke County residents file affirmative immigration motions with the USCIS Washington District Office at 2675 Prosperity Avenue, Fairfax, VA 22031, and defensive motions with the Arlington Immigration Court at 1901 South Bell Street, Arlington, VA 22202. Which office handles your matter depends on whether your case is currently with USCIS or within the Executive Office for Immigration Review system. The firm’s Shenandoah location serves clients throughout western Virginia, including Roanoke County, and Mr. Sris and his Of Counsel are familiar with both venues. They can guide you on where to file and may appear on your behalf at the Arlington Immigration Court when required.
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. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he concentrates in immigration matters among other practice areas. A former prosecutor, he brings analytical rigor to every case. He is supported by Of Counsel attorneys who also have experience in immigration law, including the evaluation and preparation of motions before USCIS and the Immigration Court. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. Together, they serve Roanoke County clients from the firm’s Shenandoah location at 505 N Main St, Suite 103, Woodstock, VA 22664 (by appointment). To discuss whether an immigration motion may be appropriate for your case, call (888) 437-7747.
For related immigration matters, see our pages on Fairfax County immigration lawyer, Prince William County immigration lawyer, Manassas immigration lawyer, Falls Church immigration lawyer, and Fairfax City immigration lawyer.
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