Motion to Reconsider Lawyer Colonial Heights, VA
When a decision by U.S. Citizenship and Immigration Services (USCIS), an Immigration Judge, or the Board of Immigration Appeals (BIA) is based on an incorrect application of law or policy, a motion to reconsider may be the appropriate remedy. For individuals and families in Colonial Heights, Virginia, whose immigration matters are handled through the USCIS Washington District Office in Fairfax or the Arlington Immigration Court, understanding how to pursue reconsideration is critical. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. assist clients with immigration motions, including motions to reconsider, before the relevant agency or court. Call (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How a Motion to Reconsider Works in Federal Immigration Proceedings
A motion to reconsider asks the deciding body to review its prior decision based on a claim that the decision was legally or factually wrong. The motion must point to a specific error of law or fact in the earlier determination. It is not an opportunity to introduce new evidence—that would be a motion to reopen—but rather a challenge to the correctness of the existing record. The governing statutes and regulations are found in the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) and the implementing regulations of the Executive Office for Immigration Review (EOIR).
For Colonial Heights residents, affirmative applications—such as adjustment of status, naturalization, and work permits—are processed at the USCIS Washington District Office at 2675 Prosperity Avenue, Fairfax, VA 22031. When an unfavorable decision issues from that office, a motion to reconsider may be filed with the same USCIS field office that rendered the decision. If the case is already in removal proceedings, the motion is filed with the Arlington Immigration Court at 1901 South Bell Street, Arlington, VA 22202. Appeals from Immigration Judge decisions go to the Board of Immigration Appeals. Mr. Sris and his Of Counsel are familiar with these venues and the procedural requirements that govern each one.
How Mr. Sris and His Of Counsel Handle Motion to Reconsider Cases
When a client comes to Law Offices Of SRIS, P.C. after receiving an unfavorable immigration decision, the team begins by obtaining the complete administrative record and the written decision. They identify whether the adjudicator made a legal error—perhaps misinterpreting a statute, failing to follow binding precedent, or applying the wrong standard of proof. A well-drafted motion to reconsider must do more than disagree with the outcome; it must demonstrate exactly where the original decision went wrong under the law.
Once the error is identified, the motion is prepared with supporting legal authority, citing relevant statutes, regulations, and BIA or federal circuit court precedent. The firm works to ensure the motion is filed within the applicable deadline and includes all required documentation. Because immigration law and policy evolve frequently, the attorneys stay current with developments that could affect pending motions. Mr. Sris, who is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, coordinates the effort with his Of Counsel to deliver thorough representation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings an analytical, detail-oriented approach to every matter. 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 in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he speaks both English and Tamil.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. They have documented 4,739+ case results across all practice areas since 1997. The firm’s approach to motions to reconsider draws on a thorough understanding of immigration procedure and a commitment to presenting a clear, legally grounded argument to the deciding body.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a formal request asking the agency or court that issued an unfavorable decision to review it for errors of law or fact, based on the record already before it. Unlike a motion to reopen, it does not introduce new evidence. The motion must specify the mistake in the original decision and explain why the outcome should have been different. These motions are authorized by the Immigration and Nationality Act and EOIR regulations.
When should I file a motion to reconsider instead of an appeal?
You may file a motion to reconsider when the decision contains a clear legal or factual mistake and you want the same office that made the decision to correct it. An appeal, by contrast, asks a higher body—such as the BIA or a federal circuit court—to review the decision. Motions to reconsider often have shorter filing deadlines than appeals, so timely action is important. An experienced immigration attorney can advise which route is appropriate for your situation.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider challenges the correctness of a prior decision based on the record that was already before the adjudicator, while a motion to reopen asks to present new, material evidence that was not available at the time of the original decision. Both are common procedural tools in immigration practice, but they serve different purposes and have distinct requirements. A motion that introduces both new evidence and legal arguments may be treated as a combined motion.
Can I file a motion to reconsider if I already filed an appeal?
Generally, if an appeal is pending, you may not file a motion to reconsider with the same body that issued the decision, because jurisdiction has already transferred to the appellate authority. The BIA or the federal circuit court hearing the appeal may have its own rules for reconsideration. It is essential to coordinate these filings carefully to avoid procedural missteps. Consult with immigration counsel before taking any action.
What are the filing fees for a motion to reconsider?
Filing fees for immigration motions are set by the agency and vary depending on the type of application and the forum where the motion is filed. USCIS, EOIR, and the BIA each have their own fee schedules, and fee waivers may be available for those who qualify. Because fees are subject to change, contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current information and to discuss whether a fee waiver might apply to your case.
How long does a motion to reconsider take?
The processing time for a motion to reconsider depends on the agency’s caseload, the complexity of the issues, and whether the case is at USCIS, the Immigration Court, or the BIA. Some motions are resolved in a matter of months, while others take longer. There is no fixed timeline. For Colonial Heights residents, the USCIS Washington District Office and the Arlington Immigration Court have their own docketing schedules. Mr. Sris and his Of Counsel monitor cases closely and communicate any developments as soon as they occur.
Do I need a lawyer for a motion to reconsider?
You are not required to have an attorney to file a motion to reconsider, but the procedural and legal complexities make having an experienced immigration attorney strongly advisable. A well-prepared motion must identify specific legal errors and support them with appropriate authority; a poorly prepared motion can result in denial without meaningful review. Mr. Sris and his Of Counsel have handled immigration motions before USCIS, EOIR, and the BIA, and they work to put forward a compelling argument.
How does the firm serve clients in Colonial Heights?
Law Offices Of SRIS, P.C. represents Colonial Heights residents in immigration matters from its Richmond location, with full access to the USCIS Washington District Office and the Arlington Immigration Court. The firm is available by phone at (888) 437-7747, and consultations can be scheduled by appointment. Whether your motion to reconsider arises from an adjustment-of-status denial, a removal order, or a BIA decision, the team is prepared to assist.
Related Immigration Services: Fairfax County Immigration Lawyer | Prince William County Immigration Lawyer | Manassas Immigration Lawyer | Falls Church Immigration Lawyer
Immigration Law Resources: U.S. Citizenship and Immigration Services (USCIS) | Executive Office for Immigration Review (EOIR) | BIA Practice Manual
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.