Motion to Reconsider Lawyer Bloomingdale, DC
If you have received an unfavorable decision from U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), or the Board of Immigration Appeals (BIA), a motion to reconsider may offer a procedural path to ask the deciding body to reexamine its ruling. Law Offices Of SRIS, P.C. assists clients in the Bloomingdale neighborhood of Washington, D.C., with immigration motions to reconsider, working to protect your right to seek relief under the Immigration and Nationality Act. Our multi-state immigration attorneys understand the strict filing deadlines and documentation requirements, helping you determine whether the motion is an appropriate option for your circumstances. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Motion to Reconsider Means in an Immigration Case
A motion to reconsider is a formal request asking the original decision-maker—typically the USCIS, an immigration judge at the Arlington Immigration Court, or the BIA—to review its decision based on an alleged error of law or fact. Unlike a motion to reopen, which introduces new evidence, a motion to reconsider must identify a specific legal or factual mistake in the prior determination. The motion must be filed within the applicable regulatory deadline, and failure to demonstrate a clear error may result in denial. Immigration law is complex and subject to frequent policy changes, making it important to work with an experienced attorney who regularly handles motions practice.
For Bloomingdale residents, immigration proceedings are generally heard at the Arlington Immigration Court at 1901 S. Bell St, Arlington, VA 22202. Affirmative applications are processed at the USCIS Washington District Office in Fairfax. The filing deadlines and procedural rules for motions to reconsider vary depending on which agency issued the decision. We review the factual and legal basis of your case, identify potential errors, and develop a motion that addresses the specific grounds for reconsideration.
Frequently Asked Questions
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider points out a legal or factual error in the original decision, while a motion to reopen asks the court to consider new facts or evidence not previously available. A motion to reconsider must be filed within a short window after the decision is issued. In immigration practice, you cannot file a motion to reconsider and a motion to reopen at the same time unless the rules specifically allow it. Our firm helps you determine which type of motion fits your situation.
How long do I have to file a motion to reconsider with the immigration court?
The deadline for filing a motion to reconsider with the immigration court is typically thirty days from the date of the order, though certain exceptions may apply. If you miss the filing deadline, the immigration judge or the BIA may still consider the motion if you demonstrate exceptional circumstances. Because the timeline is strict, you should contact an attorney as soon as you receive an unfavorable decision. Schedule a consultation with Law Offices Of SRIS, P.C. at (888) 437-7747 to review your options.
Can I file a motion to reconsider with USCIS after a denial?
Yes, a party may file a motion to reconsider a USCIS decision by filing Form I-290B, Notice of Appeal or Motion, with the appropriate USCIS office within thirty days of the decision. The motion must state with specificity the errors of law or fact in the prior decision. USCIS generally does not hold in-person hearings on motions, so the written argument is critical. Our attorneys review the denial notice, applicable statutes, and regulations to identify viable grounds for reconsideration.
What are the most common grounds for a motion to reconsider in removal proceedings?
Common grounds include the immigration judge misapplied the law to the facts, overlooked controlling BIA or circuit court precedent, or relied on facts not supported by substantial evidence in the record. A motion to reconsider is not a request to present new arguments that could have been raised earlier. It must focus on legal error. Our attorneys evaluate whether the judge’s decision contains an identifiable error that warrants reconsideration.
How does Law Offices Of SRIS, P.C. Approach a motion to reconsider for a Bloomingdale client?
We begin by reviewing the complete administrative record and the written decision to identify any mistakes of law or fact. We then prepare a detailed written motion, citing the specific statutes, regulations, and case law that support the argument. Where applicable, we can request an oral argument before the immigration judge or BIA. Our firm’s extensive experience in immigration litigation and appeals helps Bloomingdale residents pursue the post-decision relief they may be entitled to.
What is the role of the Board of Immigration Appeals in motions to reconsider?
The BIA reviews appeals from immigration judge decisions, and a party may file a motion to reconsider a BIA decision directly with the BIA board. The motion must be filed within a limited time and must identify the specific errors. BIA motions to reconsider are disfavored and strictly scrutinized. Because the BIA’s decision is often the final administrative step before a federal court petition for review, precision in drafting is essential.
Can I appeal the denial of a motion to reconsider?
If the immigration judge denies the motion to reconsider, you may appeal the denial to the BIA within the prescribed time. If the BIA denies the motion, the next step may be a petition for review in the appropriate U.S. Court of Appeals. The standard of review on appeal is deferential, so a well-argued motion from the outset is crucial. We represent clients at each stage of the appeals process.
What are the potential outcomes of a successful motion to reconsider?
A successful motion to reconsider may result in reversal of the prior denial, reopening of proceedings, or remand to the immigration judge for further fact-finding. For example, if USCIS grants a motion to reconsider a denied adjustment-of-status application, the agency may approve the application or schedule a new interview. The exact outcome depends on the nature of the error and the underlying relief sought. We work to help you understand what a favorable decision would mean for your case.
What should I do if I receive an unfavorable decision from USCIS while living in Bloomingdale, DC?
Contact an immigration attorney immediately to protect your appeal rights. Do not leave the United States without legal advice, as departure may affect your ability to seek reconsideration. Preserve the original denial notice and all related correspondence. Call Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss the denial and whether a motion to reconsider is a viable option for you.
Is there a filing fee for a motion to reconsider?
USCIS requires a filing fee for most motion-to-reconsider applications, though fee waivers may be available in limited circumstances. The EOIR generally does not charge a fee for motions filed with the immigration court, but filing fees for BIA appeals may apply. The fee structure is subject to change, so we confirm current costs when we prepare your motion. We discuss all potential costs during your consultation.
How long does it take to get a decision on a motion to reconsider?
Processing times vary significantly depending on the agency and the complexity of the case. USCIS may take several months to rule on a motion to reconsider. The immigration court and BIA timelines are subject to their dockets. We monitor the status of your motion and inform you of any updates we receive. Our goal is to present a compelling motion that the adjudicator can review efficiently.
Do I need a lawyer to file a motion to reconsider in immigration court?
While you are not legally required to have a lawyer, proceeding without one can be perilous because immigration motions involve precise procedural and substantive requirements that may be unfamiliar to non-lawyers. Attorneys know how to identify errors in the record, frame legal arguments, and comply with filing deadlines. The Bloomingdale community has access to Law Offices Of SRIS, P.C.; we consult on motions to reconsider and other post-decision remedies. Call (888) 437-7747 for a consultation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced immigration law since the firm was founded in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he brings extensive experience with motions before USCIS, EOIR, and the BIA. Mr. Sris and his Of Counsel have helped Bloomingdale residents and clients throughout the Washington, D.C. Area with family-based petitions, removal defense, appeals, and motions to reconsider. For a case review, reach our location at (888) 437-7747.
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