Motion to Reconsider Lawyer Bedford County, VA
You submitted an immigration petition — a green card application, a family-based visa, or a request for humanitarian relief — and the U.S. Citizenship and Immigration Services or an immigration judge issued a denial. Now you are trying to figure out what comes next. A motion to reconsider can be a critical tool to challenge that decision, but the process is strict: deadlines are short, the legal standard is narrow, and the window to act closes quickly. If you are searching for a Motion to Reconsider Lawyer in Bedford County, VA, you are looking for an attorney who understands the procedural rules before the USCIS, the Executive Office for Immigration Review, and the Board of Immigration Appeals. Mr. Sris and the firm’s Of Counsel attorneys concentrate on immigration matters for individuals and families in Bedford County and throughout Virginia. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.
What a Motion to Reconsider Can Do
A motion to reconsider asks the agency or court that decided your case to look at the decision again, not because you have new facts, but because you believe the original decision was legally or factually incorrect based on the evidence already in the record. You must show that the decision overlooked an applicable statute, misapplied the law, or failed to consider key evidence. This is different from a motion to reopen, which introduces new evidence that was not previously available. The rules for filing a motion to reconsider depend on which body issued the denial — USCIS, an immigration judge at the Arlington Immigration Court, or the Board of Immigration Appeals. Deadlines and formatting requirements differ by forum, and an improperly filed motion can be rejected without addressing the substance.
For Bedford County residents, immigration applications are typically adjudicated at the USCIS Washington District Office in Fairfax. Removal proceedings and motions to reconsider in removal cases are heard at the Arlington Immigration Court. When Mr. Sris and the firm’s Of Counsel attorneys assist with a reconsideration request, they evaluate the denial letter carefully, identify the specific legal or factual error the government made, and draft a motion that targets that error.
How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Your Motion
Motion to reconsider cases demand a precise, legal argument — not a retelling of your story. The team begins by reviewing the full administrative record, the denial notice, and the applicable regulations under the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.). They determine whether the denial can be challenged on a motion to reconsider at all, or whether a different procedural mechanism, such as a motion to reopen, an appeal, or a renewed filing, offers a better path. If reconsideration is appropriate, they draft a memorandum of law supported by citations to the statute, federal regulations, and Board of Immigration Appeals precedent decisions.
The firm’s immigration practice is led by Mr. Sris, who has concentrated on immigration law since founding the firm in 1997. The attorneys Of Counsel to the firm bring additional litigation and procedural experience. Together, they represent clients on reconsideration motions before USCIS, in immigration court, and on appeal to the Board of Immigration Appeals. Because immigration is exclusively federal, a motion filed in Bedford County is handled at the federal agencies and courts that serve all of Virginia. The firm’s Shenandoah Location at 505 N Main St, Suite 103, Woodstock, VA 22664 (by appointment only) serves Bedford County residents. Consultation is available by phone at (888) 437-7747.
What to Expect During the Reconsideration Process
When you retain Law Offices Of SRIS, P.C. to pursue a motion to reconsider, the process generally unfolds in these steps. First, the attorney obtains and reviews the complete file from the agency or court, including the decision and all supporting documentation. Next, the attorney identifies the specific legal or factual error that forms the basis for reconsideration. The motion itself is a written legal document filed within the prescribed deadline. USCIS motions typically must be filed within a short period of the decision, while motions before the immigration court generally have a short deadline from the date of the final order. Because deadlines are jurisdictional, prompt action is required.
After the motion is filed, the agency or court will issue a notice of the next action — which could be a briefing schedule, a decision on the motion without a hearing, or, in some cases, a hearing at the Arlington Immigration Court. The opposing party (usually the Department of Homeland Security) has an opportunity to respond. A ruling on a motion to reconsider can take weeks or months depending on the forum and its docket. If the motion is granted, the underlying denial is vacated and the case proceeds as though the denial had not been issued. If the motion is denied, further review may be available through an appeal to the Board of Immigration Appeals or, in limited circumstances, to the federal circuit court.
Because immigration law is subject to frequent policy changes, the requirements for a successful motion to reconsider can shift. Mr. Sris and his Of Counsel monitor agency policy updates and court precedent to tailor their arguments accordingly.
What Happens If a Motion to Reconsider Is Denied
A denial of a motion to reconsider does not end all options. In many cases, you can file an appeal to the Board of Immigration Appeals (if the denial came from an immigration judge) or to the Administrative Appeals Office (if from USCIS). However, the standard of review on appeal is deferential — the appellate body will not reverse the decision simply because it disagrees; it must find an abuse of discretion or legal error. Moreover, filing a frivolous or untimely motion can have negative consequences, including a possible finding of bad faith which can affect future benefit requests. For this reason, the firm’s attorneys counsel clients thoroughly before filing. If reconsideration is not the right procedural vehicle, they will tell you so and recommend an alternative.
Mr. Sris and his Of Counsel bring extensive combined legal experience to each case. Their work covers the full spectrum of immigration relief — from family-based petitions and naturalization to deportation defense and asylum. Results may vary.
About the Firm
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor who now concentrates his practice on immigration, criminal defense, and family law. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys work alongside Mr. Sris on immigration matters, including motions to reconsider, green card applications, deportation defense, and citizenship.
The firm’s Shenandoah Location serves clients throughout Bedford County, including the communities of Bedford, Forest, Smith Mountain Lake, and Moneta. Appointments are by request at (888) 437-7747. The office address is 505 N Main St, Suite 103, Woodstock, VA 22664. Attorneys appear at the Bedford County General District Court and Bedford County Circuit Court as needed for ancillary matters, though immigration proceedings are federal.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a procedural request asking the agency or immigration judge to reexamine a decision based on an alleged error of law or fact. It is not a chance to submit new evidence — that is a motion to reopen. The motion must identify the specific legal mistake or overlooked fact in the original decision and explain why the outcome should be different. These motions are tightly regulated by the Immigration and Nationality Act and federal regulations.
How long do I have to file a motion to reconsider?
Deadlines depend on which body issued the decision, but generally you have a very limited time to file. For USCIS denials, the deadline is short (with some exceptions). In immigration court, a motion to reconsider must be filed within a short period of the final order. Missing the deadline can result in the motion being summarily denied unless you can show extraordinary circumstances. Because the timeline is short, you should contact an immigration attorney as soon as you receive a denial.
What should I do if my immigration petition was denied?
Immediately review the denial notice for the specific reason stated, note the deadline for any motion or appeal, and consult an experienced immigration attorney without delay. Common reasons for denial include missing documents, failure to meet eligibility criteria, or a prior immigration violation. Do not re-file the same petition without understanding why the first was denied — a repeated filing can lead to another denial or accusations of frivolous filing. Mr. Sris and his Of Counsel review denial letters and advise on whether a motion to reconsider, a motion to reopen, an appeal, or a new filing is appropriate.
Can I file a motion to reconsider without a lawyer?
You are legally permitted to file a motion to reconsider on your own, but having an experienced immigration attorney increases the likelihood that the motion is properly drafted and addresses the correct legal standard. These motions require specific legal arguments, citation to regulations, and adherence to strict formatting rules. A poorly drafted motion may be denied quickly, and you might lose the right to appeal. The firm offers consultations to discuss your case before you decide how to proceed. To discuss your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens if my motion to reconsider is granted?
If the motion is granted, the original denial is vacated and the case goes back to the stage it was at before the denial. USCIS or the immigration judge will re-adjudicate your petition or application on the merits, often issuing a new request for evidence or scheduling an interview. A grant does not mean you automatically receive the benefit — it means the government will look at your case again with the legal error corrected.
What is the difference between a motion to reconsider and an appeal?
A motion to reconsider asks the same decision-maker to correct its own error, while an appeal asks a higher authority to review the decision for legal error. With a motion to reconsider, you are arguing that the original decision was flawed based on the existing record. An appeal shifts the case to the Board of Immigration Appeals or the Administrative Appeals Office, where the standard of review is more limited. Sometimes you can pursue both, but deadlines may overlap. The firm’s attorneys advise clients on the trusted procedural path.
How does a Virginia immigration lawyer defend against a denied motion?
If a motion to reconsider has already been denied, an immigration attorney can review the denial order, determine if there is a viable appeal, and file an appeal or a new motion if appropriate. The attorney examines whether the denial of the motion was itself legally erroneous. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel evaluate the full administrative record and discuss all remaining options.
What are the filing fees for a motion to reconsider?
USCIS motions to reconsider generally require a filing fee of $675 for most petitions, while motions before the immigration court do not have a filing fee. Fee waivers may be available for individuals who can demonstrate inability to pay. The firm can advise you on current fees and whether a waiver request is appropriate. Contact the firm at (888) 437-7747 for a consultation.
What is the Arlington Immigration Court’s role in Bedford County cases?
The Arlington Immigration Court hears removal (deportation) proceedings and related motions for Bedford County residents. Located at 1901 South Bell Street, Arlington, VA 22202, it is the closest immigration court. Motions to reconsider filed during removal proceedings are heard by the immigration judge there. All filings must comply with the court’s local rules and the Executive Office for Immigration Review’s Practice Manual.
Is a motion to reconsider the same as an appeal to the Board of Immigration Appeals?
No, an appeal to the Board of Immigration Appeals is a separate process that asks a higher tribunal to review the immigration judge’s decision, whereas a motion to reconsider asks the same judge to correct an error. However, filing a motion to reconsider can toll the deadline for an appeal in some circumstances. The interplay is complex and depends on the specific facts of the case. The firm’s attorneys assess whether you should file a motion, an appeal, or both.
How long does it take to get a decision on a motion to reconsider?
The processing time varies widely depending on the forum; USCIS may take several months, and immigration court decisions can take longer due to hearing schedules. No fixed timeline applies. The firm monitors cases and follows up as needed. You should not assume a quick decision — immigration agencies face significant backlogs.
What if I missed the deadline to file a motion to reconsider?
If you missed the deadline, you may still file a motion to reopen if you have new evidence, or you may seek to file a late motion by showing exceptional circumstances. The standard for a late motion is high, and it is granted only rarely. Contact the firm immediately at (888) 437-7747 to discuss whether any path remains available to you.
Also see our immigration lawyer pages for other Virginia localities:
- Fairfax County Immigration Lawyer
- Fairfax (City) Immigration Lawyer
- Falls Church (City) Immigration Lawyer
- Prince William County Immigration Lawyer
- Manassas (City) Immigration Lawyer
For official immigration information, see the U.S. Citizenship and Immigration Services website and the Executive Office for Immigration Review (EOIR). Virginia court information is available at vacourts.gov.