Motion to Reconsider Lawyer Chesapeake, VA
An immigration decision that went against you does not have to be the final word. A motion to reconsider asks the same adjudicating body—whether USCIS, the Immigration Court, or the Board of Immigration Appeals—to re-examine its earlier ruling based on an error of law or fact. For Chesapeake residents, these motions are processed through the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax for affirmative filings, or through the Arlington Immigration Court at 1901 South Bell Street for matters in removal proceedings. Getting the procedural and substantive requirements right is critical, because the filing window is narrow and the standard of review is demanding. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., represents individuals in Chesapeake and throughout Virginia in preparing and filing immigration motions to reconsider. To discuss your matter, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Motion to Reconsider Means in Immigration Cases
A motion to reconsider is a formal request directed to the same tribunal that issued an adverse decision. Unlike a motion to reopen, which introduces new facts or evidence, a motion to reconsider argues that the original decision was legally or factually incorrect based on the record that was already before the adjudicator. The motion must identify specific errors in the prior ruling and explain why those errors warrant a different outcome. In the immigration context, a motion to reconsider may be filed with USCIS following the denial of an application or petition; with the Immigration Court during or after removal proceedings; or with the Board of Immigration Appeals following an appellate decision. Each forum has its own procedural rules, and the deadlines and content requirements are not the same across all three.
For Chesapeake residents, immigration matters are handled at the federal level. Affirmative applications—including family-based petitions, adjustment of status, naturalization, and work permits—are adjudicated by the USCIS Washington District Office in Fairfax. When a case is in removal proceedings, it is heard at the Arlington Immigration Court, part of the Executive Office for Immigration Review. Motions to reconsider filed in either venue must comply with the applicable regulations under Title 8 of the Code of Federal Regulations and the Immigration and Nationality Act. The firm’s Of Counsel attorneys who support immigration matters understand the procedural distinctions between these forums and work with clients to frame arguments that address the specific grounds on which the original decision rested.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Immigration Motions
Filing a successful motion to reconsider requires more than disagreeing with the outcome. The motion must point to a specific error—a misapplication of the law, an overlooked statutory provision, or a factual finding that is not supported by the record. Mr. Sris and the firm’s Of Counsel attorneys begin by reviewing the original decision, the administrative record, and the legal authorities the adjudicator relied upon. The goal is to identify the precise point at which the analysis went wrong and to build the motion around that showing.
Once the error is identified, the motion is drafted to meet the formatting, content, and filing requirements of the specific forum. Deadlines vary: a motion to reconsider a USCIS decision is generally governed by the regulation applicable to the particular application type, while a motion before the Immigration Court or the Board of Immigration Appeals must comply with the timelines set out in the applicable practice manual and federal regulations. Mr. Sris and the firm’s Of Counsel attorneys work to ensure that the motion is filed within the applicable period, that it includes the required supporting documentation, and that the legal argument is presented clearly. Throughout the process, clients are kept informed of the status of their motion and what to expect as the adjudicator reviews the filing.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., which has been practicing since 1997. A former prosecutor, Mr. Sris brings a perspective shaped by experience in the courtroom and a working knowledge of how government agencies build and defend their decisions. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). In immigration matters, he draws on years of experience representing individuals and families before USCIS, the Immigration Court, and the Board of Immigration Appeals.
The firm’s Of Counsel attorneys contribute experience across multiple practice areas, including immigration. They are independent attorneys who contract directly with Law Offices Of SRIS, P.C. The firm’s Of Counsel attorneys who support immigration cases bring familiarity with the procedural rules of USCIS and the Executive Office for Immigration Review. Together, Mr. Sris and the firm’s Of Counsel attorneys work to prepare motions to reconsider that are procedurally sound and substantively focused on the errors that matter.
Frequently Asked Questions
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 wrong based on the existing record, while a motion to reopen introduces new evidence that was not previously available. A motion to reconsider does not ask the adjudicator to look at new facts; it asks the adjudicator to re-examine the decision that was already made and correct an error. A motion to reopen, by contrast, presents new and material evidence that could change the outcome and that could not have been presented earlier. Both types of motions have strict filing deadlines and are governed by different regulatory standards under the Immigration and Nationality Act and the applicable federal regulations. For guidance on which motion is appropriate in your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How long do I have to file a motion to reconsider with USCIS?
The filing deadline for a motion to reconsider a USCIS decision depends on the specific application or petition type and the regulation that governs it. Some USCIS decisions must be challenged within thirty days of the denial, while others allow a longer period. The applicable deadline will be stated in the denial notice itself, and failing to meet that deadline may result in the motion being rejected as untimely. Because the window can be short, it is important to review the denial notice promptly and seek legal guidance as soon as possible. For a consultation about your specific USCIS denial, reach the firm at (888) 437-7747.
What happens if my motion to reconsider is denied?
If a motion to reconsider is denied, the next step depends on which forum issued the denial and the procedural posture of the case. A denial by USCIS may be appealable to the Administrative Appeals Office, or it may be subject to a further motion or to judicial review in federal district court under the Administrative Procedure Act. A denial by the Immigration Court may be appealed to the Board of Immigration Appeals within the time specified in the Immigration Judge’s order. A denial by the Board of Immigration Appeals may be subject to a petition for review in the appropriate federal circuit court of appeals. Each of these paths has strict deadlines and procedural requirements. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I file a motion to reconsider while my removal case is pending?
Yes, a motion to reconsider may be filed while removal proceedings are pending before the Immigration Court, provided it meets the procedural requirements of the Executive Office for Immigration Review. The motion must be filed within the time limit set by the Immigration Judge’s order or the applicable regulation, and it must specify the errors of law or fact in the prior decision. Filing a motion to reconsider does not automatically stay removal; a separate request for a stay may be necessary. Chesapeake residents in removal proceedings appear at the Arlington Immigration Court, and Mr. Sris and the firm’s Of Counsel attorneys represent clients in that forum. For a consultation, reach the firm at (888) 437-7747.
Do I need a lawyer to file a motion to reconsider in an immigration case?
You are not legally required to have an attorney to file a motion to reconsider, but the procedural and substantive requirements are demanding, and errors can result in denial or waiver of rights. A motion to reconsider must identify a specific legal or factual error in the prior decision, and it must be supported by citation to authority and the administrative record. Motions that merely express disagreement with the outcome or restate the original arguments are unlikely to succeed. Working with an experienced immigration attorney helps ensure that the motion is properly framed, timely filed, and supported by the necessary documentation. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
What immigration services does the firm provide for Chesapeake residents?
Law Offices Of SRIS, P.C. represents Chesapeake residents in family-based petitions, adjustment of status, naturalization, consular processing, deportation defense, asylum, cancellation of removal, VAWA petitions, and motions practice before USCIS, the Immigration Court, and the Board of Immigration Appeals. The firm’s Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, Virginia 23225, serves clients throughout Chesapeake, Deep Creek, Great Bridge, and Greenbrier. Immigration cases for Chesapeake residents are processed at the USCIS Washington District Office in Fairfax for affirmative applications and at the Arlington Immigration Court for removal proceedings. To discuss your immigration matter, contact the firm at (888) 437-7747.
For additional information about immigration representation in other Virginia localities, see our pages on Fairfax County immigration lawyer, Prince William County immigration lawyer, and Manassas immigration lawyer.
Authoritative sources for immigration motions practice include the Immigration and Nationality Act, the Executive Office for Immigration Review, and the Virginia Judicial System.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. The firm’s Richmond Location serves Chesapeake clients by appointment. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.