Virginia Immigration Motion Lawyer — How to File a Motion in Your Case
If you need an Immigration Motion Lawyer in Virginia, Law Offices Of SRIS, P.C. provides direct representation for motions to reopen, reconsider, and change venue in immigration court. Immigration is exclusively federal jurisdiction under the Immigration and Nationality Act (8 U.S.C.).
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
What Is an Immigration Motion?
An immigration motion is a formal request filed with an immigration judge or the Board of Immigration Appeals (BIA) asking the court to take a specific action in your case. Common motions include a Motion to Reopen, which asks the court to reconsider a decision based on new evidence or changed circumstances, and a Motion to Reconsider, which argues the court made an error of law or fact. Filing deadlines are strict—a Motion to Reopen must generally be filed within 90 days of a final order of removal. Successfully filing a motion requires precise legal arguments and adherence to complex procedural rules of the Executive Office for Immigration Review (EOIR).
Official Immigration Resources
For the official regulations governing immigration court procedures, review the Executive Office for Immigration Review (EOIR) rules. The complete Immigration and Nationality Act is published by the U.S. House of Representatives.
Virginia Immigration Court Procedures
Virginia residents facing removal proceedings are typically heard at the Arlington Immigration Court. A key local procedural fact is that Virginia statewide practice requires understanding both the Arlington court’s specific docket management and the broader federal appellate process to the BIA. For a motion to reopen immigration case, lawyer Virginia experience is critical due to tight 90-day deadlines and the court’s high evidence standards.
- Consult immediately with an immigration case motion lawyer Virginia to assess your eligibility and deadline.
- Gather all new, material evidence that was not available at your original hearing.
- Draft the motion with precise legal citations to the INA and supporting affidavits.
- File the motion with the correct immigration court and serve a copy on the opposing counsel (ICE Chief Counsel).
- Prepare for a potential hearing where you must argue why reopening is warranted.
- If denied, evaluate appellate options to the Board of Immigration Appeals (BIA).
Potential Outcomes in Immigration Proceedings
In Virginia, immigration motions can lead to case reopening, reconsideration, or denial, directly impacting removal status.
| Motion Type | Legal Standard | Typical Timeline | Filing Fee | Key Impact |
|---|---|---|---|---|
| Motion to Reopen | New, material evidence | 90-day deadline | $110 | Re-hearing on merits |
| Motion to Reconsider | Error of law/fact | 30-day deadline | $110 | Court re-evaluates decision |
| Motion to Change Venue | Good cause shown | Varies | $110 | Case transferred |
| Motion to Administratively Close | Prosecutorial discretion | Varies | No fee | Case paused indefinitely |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Immigration Motion Lawyers
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our tagline, “Advocacy Without Borders,” reflects our commitment to immigration clients. With over 120 years of combined attorney experience, we understand the high stakes of deportation defense. Mr. Sris’s background in accounting and information systems provides a unique advantage in cases involving complex financial evidence. The firm maintains a collaborative approach, ensuring every client benefits from deep legal experience.
Case Results for Immigration Motions
Our firm has achieved a firm-wide record of 4,739+ documented case results with a 93%+ favorable outcome rate across all practice areas in VA, MD, NJ, NY, and DC. While specific immigration motion results are integrated into this total, each motion requires a case-specific strategy. For example, our team has successfully argued motions to reopen based on newly discovered evidence and changed country conditions. Bryan Block, Of Counsel with our firm, brings additional depth to family-based petition strategies that can support motion arguments.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: 703-589-9250
Phones 24/7/365; Office by appointment only.
Our Fairfax location serves clients across Virginia, including Fairfax County, Arlington, Loudoun, and Prince William County.
Virginia Immigration Motion Lawyer Near Me
Our Fairfax location is centrally positioned to serve clients at immigration courts across Virginia. We are accessible via major highways including I-66, I-495, and Route 50. As your nearby Immigration Motion Lawyer Virginia resource, we serve communities throughout Northern Virginia. We offer 24/7 phone consultations—call (888) 437-7747—with meetings by appointment only.
FAQs: Immigration Motions in Virginia
What is a motion to reopen in immigration court?
Yes. A motion to reopen asks the immigration court to restart your case based on new facts or evidence that wasn’t available at your original hearing. You generally have 90 days from the final removal order to file. An immigration case motion lawyer Virginia can help you gather the required evidence and meet this strict deadline.
Can I file a motion if I missed my immigration court date?
It depends. You may file a motion to reopen if you can prove “exceptional circumstances” caused your absence. This requires strong evidence, like a medical emergency. Consulting a motion to reopen immigration case lawyer Virginia immediately is crucial to assess your chances and the 180-day filing deadline for this specific motion.
How much does it cost to file an immigration motion?
The filing fee for most motions (to reopen, reconsider, or change venue) is $110 payable to the U.S. Department of Justice. Fee waivers are available on Form I-912 for income-eligible applicants. Government fees are separate from legal representation costs. An Immigration Motion Lawyer Virginia can advise on the total cost for your specific situation.
How long does it take for a motion to be decided?
There is no set timeline. The Arlington Immigration Court may take several months to over a year to rule on a motion, depending on its complexity and the court’s docket. An immigration case motion lawyer Virginia can manage expectations and follow up with the court clerk on pending motions.
What happens if my motion is denied?
If the Immigration Judge denies your motion, you typically have 30 days to appeal that decision to the Board of Immigration Appeals (BIA). The BIA’s review is based on the written record. A motion to reopen immigration case lawyer Virginia can evaluate the denial grounds and advise on the merits of an appeal.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance on your immigration motion.
For more information, see our Virginia Immigration Lawyer hub page. We also assist clients in nearby areas like Fairfax City and Falls Church. If you have related legal needs, explore our services for Criminal Defense in Fairfax or Family Law in Fairfax.