Motion to Reconsider Lawyer Fairfax County, VA
An adverse decision in an immigration case—whether from USCIS, the Immigration Court, or the Board of Immigration Appeals—can have serious consequences for your ability to remain in or return to the United States. A motion to reconsider is a procedural tool that asks the same adjudicative body to review its decision based on a claim of legal or factual error. For residents of Fairfax County, Virginia, the filing of such a motion implicates the specific procedures and expectations of the USCIS Washington District Office in Fairfax and the Annandale Immigration Court, where most removal proceedings for the area are heard. Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. have experience evaluating whether an error in the original decision warrants a motion to reconsider and guiding clients through the process. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Motion to Reconsider Means in Fairfax County Immigration Cases
Immigration law is federal, so a motion to reconsider follows uniform national rules regardless of where the applicant lives. However, the practical reality of pursuing relief in Fairfax County is shaped by which agency or court issued the underlying decision and how its local practice affects the timing and handling of motions. Understanding the local landscape helps you make informed decisions about your next steps.
For affirmative applications—such as an adjustment of status, a family-based petition, or a naturalization request—most Fairfax County residents file with the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax, Virginia. An unfavorable USCIS decision may be challenged through a motion to reconsider filed with the same office, provided the motion identifies a specific legal or factual mistake in the prior adjudication. The motion must be prepared with attention to the applicable regulations and the specific grounds that USCIS recognizes as a basis for reconsideration.
When removal proceedings are pending or a removal order has been entered, the Annandale Immigration Court—part of the Executive Office for Immigration Review—hears the case. Fairfax County residents appear before immigration judges at the Annandale location. A motion to reconsider a decision of the immigration judge must be filed within the time frame set by the applicable regulations and must point to an error of law or fact in the earlier ruling. The Board of Immigration Appeals also entertains motions to reconsider its own decisions within a similarly limited window. Because these time frames are strict, a prompt consultation with an experienced immigration attorney is critical.
Law Offices Of SRIS, P.C. assists individuals in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area with motions to reconsider before USCIS, the immigration court, and the Board of Immigration Appeals. Mr. Sris and the firm’s Of Counsel attorneys work to identify appealable errors and present them persuasively.
How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Motions to Reconsider
When an immigration decision goes against you, the option of filing a motion to reconsider can feel like a second chance—but it is not an automatic remedy. The motion must show that the earlier decision was based on an incorrect application of law or a misreading of the facts already in the record. New evidence is generally not permitted in a motion to reconsider; that belongs in a separate motion to reopen. Understanding this key distinction is essential to avoiding a filing that may be dismissed or denied.
Mr. Sris and the firm’s Of Counsel attorneys begin by carefully reviewing the adverse decision, the administrative record, and the applicable statutes and case law. The evaluation identifies whether the deciding officer or judge made a legal error—such as misapplying an eligibility standard or overlooking controlling precedent—or a factual error that appears on the face of the record. If a viable basis for reconsideration exists, the team prepares a motion that explains the error with precision and supports the argument with citations to the Immigration and Nationality Act, the Code of Federal Regulations, and relevant Board decisions. Every motion is drafted with the understanding that the same adjudicator who issued the original decision will review it, so clarity and professionalism are paramount.
Because a motion to reconsider does not automatically stay removal or other adverse action, the team also evaluates whether a separate stay request is appropriate and whether parallel relief—such as a motion to reopen or, in appropriate cases, an appeal to a higher body—should be pursued simultaneously. The firm’s multi-state practice and focus on immigration matters equip it to handle motions across a range of case types, including family-based petitions, adjustment of status denials, naturalization denials, and removal orders.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings an analytical, detail-oriented approach to evaluating adverse immigration decisions and identifying errors that may support a motion to reconsider. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys contribute extensive combined experience in immigration law and related federal practice. They work closely with Mr. Sris to assess the procedural and substantive merits of a potential motion, prepare supporting documentation, and meet filing deadlines at USCIS, the immigration court, and the Board of Immigration Appeals. The team speaks English, Spanish, and Tamil and serves the diverse communities of Fairfax County and Northern Virginia.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a formal request that the same USCIS office, immigration judge, or Board of Immigration Appeals that issued an unfavorable decision reexamine that decision based on a claim of legal or factual error. It is not an opportunity to present new evidence—that is the purpose of a motion to reopen. A motion to reconsider must identify a specific mistake in the application of the law or the assessment of facts already in the record. If granted, the prior decision may be vacated or modified. If denied, the adverse decision stands unless further review is sought.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider challenges the correctness of the original decision based on the law and evidence that were already before the adjudicator, while a motion to reopen seeks to introduce new, material facts that were not previously available. For example, if an immigration judge misapplied the statutory definition of “extreme hardship,” a motion to reconsider would be appropriate. If, after the decision, a change in country conditions creates a new basis for relief, a motion to reopen would be the correct vehicle. The two motions are governed by separate regulatory standards and time limits.
How can an attorney help with a motion to reconsider an immigration decision?
An attorney reviews the adverse decision and the administrative record to identify legal or factual errors, crafts a written motion that clearly explains the error and cites controlling authority, and ensures the motion complies with all procedural requirements. Because a motion to reconsider is directed to the same decision-maker, the argument must be precise and professional. An attorney also evaluates whether a stay of removal or a parallel filing—such as an appeal or a motion to reopen—is needed to protect the client’s status while the motion is pending. Procedural mistakes, such as missing the filing deadline, can permanently waive the right to seek reconsideration.
Where are immigration motions filed for Fairfax County residents?
Motions to reconsider a USCIS decision are filed at the USCIS Washington District Office in Fairfax, Virginia. For cases in removal proceedings or with an entered removal order, motions are filed with the Annandale Immigration Court, which has jurisdiction over Fairfax County. Motions to reconsider a Board of Immigration Appeals decision are filed directly with the Board in Falls Church, Virginia. The filing location depends entirely on which body issued the decision being challenged, and the procedural rules vary for each forum.
What should I do if I receive an unfavorable immigration decision?
Contact an immigration attorney immediately to discuss your options and any applicable deadlines. An unfavorable decision from USCIS, an immigration judge, or the Board of Immigration Appeals should be reviewed promptly, because the window for filing a motion to reconsider is limited. Do not ignore the decision or assume that no remedy exists. Even if a motion to reconsider is not viable, other forms of relief—such as a motion to reopen, an appeal, or a separate application—may be available. Gather all documents related to your case, including the decision itself, the application or petition you filed, and any correspondence you received, and bring them to the consultation.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Also serving: Prince William County immigration lawyer · Stafford County immigration lawyer · Loudoun County immigration lawyer · Arlington County immigration lawyer
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