Motion to Reconsider Lawyer Clarke County, VA

If a negative decision on your immigration case has left you without clear options, a motion to reconsider may be the right legal tool. In immigration law, this motion asks the same official or agency that issued an unfavorable ruling to review it again based on an error of law or fact. For residents of Clarke County, Virginia, immigration matters are handled by federal agencies, not local courts, but having a lawyer who understands how these motions are prepared and where they are filed can make a critical difference. Law Offices Of SRIS, P.C., through Mr. Sris and the firm’s Of Counsel attorneys, assists individuals and families in Clarke County with motions to reconsider before USCIS, the Board of Immigration Appeals, and the immigration court. To discuss your situation, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

On This Page

What a Motion to Reconsider Does in Immigration Law

A motion to reconsider is a formal request that the same decision-maker re-examine an earlier ruling. It is not an appeal to a higher body. Instead, it asserts that the original decision was based on an incorrect application of law or policy, or on a misapplication of the facts that were already in the record. In immigration proceedings, such motions may be directed to a USCIS service center, a field office, an immigration judge, or the Board of Immigration Appeals, depending on where the decision was issued.

For Clarke County residents, affirmative applications such as adjustment of status, naturalization, or a family petition are processed at the USCIS Washington District Office in Fairfax, while removal-defense matters are litigated at the Arlington Immigration Court. A motion to reconsider filed in the wrong forum or without the required legal basis will be denied. That is why understanding the specific grounds—typically an error of law or a clear factual mistake—is essential before filing. Mr. Sris and the firm’s Of Counsel attorneys review the original decision, the statutory and regulatory framework, and the record to determine whether a reconsideration request stands a realistic chance. Results may vary. each case turns on its own facts.

Frequently Asked Questions

What is the difference between a motion to reconsider and a motion to reopen?

A motion to reconsider challenges a decision based on legal or factual error in the existing record, while a motion to reopen asks the decision-maker to consider new evidence that was not previously available. With a motion to reconsider, the record remains closed; you are arguing that the adjudicator got it wrong the first time. With a motion to reopen, you are presenting new, material facts that could change the outcome. The filing deadlines and requirements differ, and choosing the wrong type of motion can result in denial or even jeopardize other relief. An experienced immigration attorney can help you identify the appropriate post-decision remedy for your particular circumstances. For a consultation on post-decision options in your immigration matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

When can I file a motion to reconsider?

You must file a motion to reconsider within the deadline set by the applicable regulations—typically within 30 days of the decision for immigration court matters and within 30 days of the decision for Board of Immigration Appeals cases, though USCIS motions may follow a different timeframe. The exact deadline depends on the body that issued the decision and the type of proceeding. Missing the deadline can foreclose the option altogether. In some circumstances, a late-filed motion may be accepted if you can show exceptional circumstances, but this is rare and requires strong supporting documentation. To ensure your motion is timely and properly supported, speak with an immigration attorney who regularly handles cases before the relevant agency or court. Mr. Sris and the firm’s Of Counsel attorneys can review the decision date and applicable deadlines and advise you on your next steps.

What grounds support a motion to reconsider?

A motion to reconsider must identify a specific error of law or misapplication of the facts that already appear in the record. It is not enough to simply disagree with the outcome. You must point to a statute, regulation, or binding precedent that the adjudicator overlooked or applied incorrectly, or show that the decision rests on a factual finding that is clearly contrary to the evidence that was before the adjudicator. Arguments that merely rehash previously rejected claims or that rely on new evidence are better suited to a motion to reopen. Because the standard is narrow, a motion that lacks a solid legal basis will be denied, often without a hearing. A skilled immigration lawyer can evaluate whether your case meets the threshold and draft a motion that addresses the specific error in a persuasive, legally supported manner.

How long does USCIS take to decide a motion to reconsider?

USCIS processing times for motions to reconsider vary by office, case type, and workload, often taking several months to over a year. There is no guaranteed timeline. In some instances, USCIS may expedite a motion if the applicant demonstrates a compelling reason, such as severe financial loss, a medical emergency, or a pressing humanitarian situation. If a motion is pending for an extended period, you may be able to make inquiries or seek assistance from the CIS Ombudsman. Because delays can affect other aspects of your status—such as work authorization or the accrual of unlawful presence—it is important to understand how the pending motion interacts with your broader immigration situation. The immigration attorneys at Law Offices Of SRIS, P.C. can explain what to expect and help you monitor the case while it is under review.

What happens if my motion to reconsider is denied?

If your motion to reconsider is denied, you may have the option to appeal to a higher body, file a new motion, or seek other forms of relief, depending on the procedural posture of your case. For example, a denial by an immigration judge can be appealed to the Board of Immigration Appeals. A denial by the BIA can potentially be challenged in federal circuit court. In the USCIS context, a denial may be followed by renewed filings or, in some situations, a request for review by the Administrative Appeals Office. Each pathway has its own deadlines and requirements. A denied motion also may not stop removal proceedings, so timely action is critical. Mr. Sris and the firm’s Of Counsel attorneys can assess the denial order and guide you through the next appropriate remedy, ensuring you do not miss a filing deadline that could affect your rights.

Do I need a lawyer to file a motion to reconsider?

You are not legally required to hire a lawyer to file a motion to reconsider, but immigration procedures are complex and an improperly prepared motion is likely to be denied. A motion must state the legal and factual basis with precision, cite the correct statutory or regulatory authority, and comply with all procedural rules. Even a small mistake in formatting, service, or content can result in a summary denial. Working with an experienced immigration attorney increases the chance that your motion will be accepted and given fair consideration. For Clarke County residents, Law Offices Of SRIS, P.C. provides representation in motions to reconsider before USCIS, the immigration court, and the Board of Immigration Appeals. To discuss your case, call (888) 437-7747.

How much does it cost to file a motion to reconsider?

Filing fees vary by agency and motion type; for example, a motion to reopen or reconsider before the Board of Immigration Appeals requires a fee unless a fee waiver is granted, while some USCIS motions have their own fee schedules. Current fee information is available on the official websites of USCIS and the Executive Office for Immigration Review. The cost can change, and additional expenses may include photocopying, postage, and translation of documents. Attorney fees are separate and depend on the complexity of the case. In your consultation, Mr. Sris and the firm’s Of Counsel attorneys can provide a clear explanation of the anticipated costs so you can make an informed decision. Contact the firm at (888) 437-7747 for a discussion about your motion to reconsider.

Can I file a motion to reconsider for any type of immigration decision?

Motions to reconsider are available for many, but not all, immigration decisions. Certain decisions—such as discretionary denials by USCIS that are not appealable, some reinstatement orders, or in absentia removal orders that already have a specific statutory remedy—may not be subject to reconsideration, or may be subject to very narrow grounds. Before filing, you need to confirm that the decision is one for which reconsideration is a recognized procedural option under the Immigration and Nationality Act and the applicable regulations. A lawyer can determine if your situation qualifies and, if not, identify alternative steps, such as a different motion, an appeal, or a request for prosecutorial discretion. For specific guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I have to leave the country while the motion is pending?

Filing a motion to reconsider does not, by itself, grant lawful status or stop the accrual of unlawful presence, but in some removal cases it may stay your departure if the motion is filed before the deadline and a stay is granted. If you are in removal proceedings and file a motion with the immigration court or BIA, the motion may automatically stay the execution of a removal order in certain circumstances. In non-removal contexts, a pending motion does not confer any immigration status or work authorization. You should not depart the United States without first understanding how travel might affect your pending motion and your overall immigration record. The immigration attorneys at Law Offices Of SRIS, P.C. can explain how a pending motion interacts with your current status and advise you on travel risks.

What evidence should I include with a motion to reconsider?

A motion to reconsider is generally limited to the evidence already in the record, so you do not usually attach new evidence; instead, you identify the error in the existing record and argue the correct legal standard. You may include a copy of the decision you are challenging, the relevant statutory or regulatory provisions, and any binding case law that supports your argument. A legal brief or memorandum of points and authorities is typically required to explain why the original decision was wrong. Although new evidence is reserved for motions to reopen, sometimes you may need to submit an affidavit explaining why the error was not previously raised. An experienced immigration attorney can prepare the motion with the necessary citations and persuasive argument. For assistance, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Where do I file a motion to reconsider if I live in Clarke County?

The filing location depends on where the decision was issued. For decisions made by the USCIS Washington District Office in Fairfax—which handles affirmative applications for Clarke County residents—you would generally file the motion with the same USCIS office that issued the decision. For decisions from the Arlington Immigration Court or the Board of Immigration Appeals, the motion must be filed with that body directly. Using the wrong filing address can cause rejection, so confirming the correct venue is a crucial step. Mr. Sris and the firm’s Of Counsel attorneys routinely file motions with the relevant federal agencies and immigration courts and can ensure your motion reaches the proper office in a timely manner.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Law Offices Of SRIS, P.C., founded in 1997 by Mr. Sris, represents clients in immigration matters nationwide, including in Clarke County, Virginia. Mr. Sris, a former prosecutor, concentrates a significant part of his practice on family-based and removal-defense immigration cases. The firm’s Of Counsel attorneys bring additional insight that can be valuable in motion practice—for example, an understanding of law enforcement procedures and record-examination techniques that prove useful when scrutinizing an immigration decision for error. Together, Mr. Sris and the firm’s Of Counsel attorneys work to identify the strongest grounds for reconsideration and to present persuasive legal arguments. The firm serves Clarke County through its Ashburn location at 20130 Lakeview Center Plaza, Room 403, Ashburn, VA 20147. To schedule a consultation, call (888) 437-7747.

Mr. Sris and the firm’s Of Counsel attorneys have documented case results across multiple practice areas since 1997. In Clarke County, the firm has recorded 29 case results with a 72% favorable outcome rate. Results may vary.

Immigration Resources for Clarke County Residents

Official Primary Sources

For current forms, fees, and processing information, consult the following official websites:

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris.