Motion to Reconsider Lawyer Falls Church, VA

Last reviewed: July 2026 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

Immigration decisions do not always come out the way an applicant hopes. A denial by U.S. Citizenship and Immigration Services, an Immigration Judge, or the Board of Immigration Appeals can feel final, but a procedural remedy—the motion to reconsider—may be available. Falls Church residents who receive an unfavorable ruling on a green card, naturalization, asylum, cancellation of removal, or any other immigration benefit often look for an attorney who understands the motion-to-reconsider process before the specific adjudicating body that issued the decision. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Concentrate on immigration matters and assist individuals in Falls Church and throughout Northern Virginia in evaluating whether a motion to reconsider is appropriate and, if so, in preparing it in compliance with the applicable procedural and substantive requirements. Reach our firm at (888) 437-7747 to request a consultation about your case.

On This Page

Understanding a Motion to Reconsider in Immigration Proceedings

A motion to reconsider is a formal request asking the same immigration body that issued an adverse decision to reexamine it based on a claim that the decision was legally or factually wrong. The request is governed by the Immigration and Nationality Act and the regulations of the relevant agency—USCIS for affirmative applications, the Executive Office for Immigration Review for the Immigration Court, or the Board of Immigration Appeals for appellate matters—and the timing, format, and grounds vary depending on where the decision was made.

For Falls Church residents, affirmative immigration applications are processed at the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax, while removal proceedings are heard at the Arlington Immigration Court, 1901 South Bell Street, Arlington. A motion to reconsider in a removal case is filed with the Immigration Judge or the Board of Immigration Appeals, and in an affirmative case it is filed with the USCIS service center or field office that issued the denial. The motion must identify the specific error—misapplication of the law, misstatement of a material fact, or failure to consider evidence that was already in the record—and it is not an opportunity simply to resubmit the same arguments or to introduce new facts unless the procedural rules of the forum permit it. An experienced immigration attorney can assess whether the decision contains a correctable error and whether the potential benefit of filing outweighs the risk of protracted litigation.

How Mr. Sris and His Of Counsel Handle Immigration Motions to Reconsider

When Mr. Sris and his Of Counsel team evaluate a potential motion to reconsider, the first step is a detailed review of the underlying application, the agency’s decision, and the administrative record. Because a motion to reconsider challenges the reasoning of the original decision-maker, the factual and legal analysis must be precise. The firm’s approach includes identifying any statutory or regulatory misinterpretation, factual findings that are not supported by the record, or procedural irregularities that may have affected the outcome. The attorney then drafts a well-supported brief that explains the error and applies the correct legal standard, and the motion is filed with the appropriate body along with any required supporting documentation and the correct filing fee or fee-waiver request.

Immigration motions are subject to strict deadlines and evidentiary rules. A petitioner or respondent who waits too long or omits a necessary exhibit can lose the right to seek reconsideration, and a poorly drafted motion can cement the adverse decision. Mr. Sris and his Of Counsel team bring extensive combined legal experience to immigration matters, drawing on years of practice before USCIS, the Immigration Court, and the Board of Immigration Appeals to address the procedural and substantive demands of a motion to reconsider. Results may vary.

The government filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, is $1,440 as of the date of verification.

Source: USCIS Fee Schedule. USCIS.gov/filing-fees

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

A consultation with an attorney is an opportunity to go over the decision, examine whether a motion is viable, and understand the timeline and the procedural steps that follow. Mr. Sris and his Of Counsel team work with the individual to make an informed choice before proceeding.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 after serving as a former prosecutor. His background includes experience evaluating evidence, identifying procedural weaknesses, and building structured legal arguments—skills that transfer directly to the preparation of immigration motions. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he speaks English and Tamil. His involvement in immigration matters includes direct representation before USCIS and the Immigration Court.

The firm’s Of Counsel attorneys contribute additional knowledge in immigration law, including experience with family-based petitions, motions, and appeals. Together, Mr. Sris and his Of Counsel team bring extensive combined legal experience. Results may vary. For Falls Church residents, the firm’s Fairfax Location is the primary point of contact, and consultations may be scheduled at (888) 437-7747. The Fairfax Location is at 4008 Williamsburg Court, Fairfax, VA 22032, and serves clients by appointment.

Frequently Asked Questions

What is a motion to reconsider in an immigration case?

A motion to reconsider is a formal request for the immigration body that issued an unfavorable decision to review it for legal or factual error. It asks the decision-maker to correct a mistake—such as a misapplied statute, a wrongly determined fact, or a procedural defect—that affected the outcome. It is not a second bite at the application; a petitioner must show that the original decision was incorrect based on the record that was before the adjudicator at the time. The motion is generally filed with the same office or court that issued the decision, and the applicable rules—USCIS, Immigration Court, or Board of Immigration Appeals—govern its timing and content. For Falls Church residents whose green card, naturalization, asylum, or removal case was denied, a motion to reconsider may provide a pathway to reopen the matter without immediately pursuing an appeal to a higher authority.

When should I file a motion to reconsider?

A motion to reconsider should be filed as soon as possible after an unfavorable decision if a colorable legal or factual error can be shown. Each adjudicating body sets its own deadline; missing the deadline may cause the motion to be rejected regardless of its merit. An experienced immigration attorney can determine the correct filing window for the particular case and verify that the error is one that the reviewing body can correct. Waiting too long also carries the risk that the underlying decision becomes final and the person becomes subject to removal or other enforcement action. Falls Church residents who receive a denial should seek legal guidance promptly to protect their rights and preserve the option of filing a motion.

Can a denied motion to reconsider be appealed?

A denied motion to reconsider may be appealed to the next higher level within the immigration adjudication system, depending on the forum that denied it. For example, a motion denied by an Immigration Judge can typically be appealed to the Board of Immigration Appeals, and a Board denial may be subject to review by a federal circuit court of appeals. When USCIS denies a motion, the applicant may have the right to renew the application in removal proceedings if the case reaches that stage. The appeal process has its own strict deadlines and procedural rules, and the scope of review is limited. A Falls Church resident should discuss the appeal with counsel before the motion is filed so that the record is preserved for any subsequent review. Mr. Sris and his Of Counsel team assess both the immediate motion and the potential appellate pathway when advising on strategy.

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

While you are not legally required to have a lawyer to file a motion to reconsider, an attorney can carefully draft the motion to meet the exacting legal and procedural standards. Immigration motions demand a precise identification of the error and must be supported by the administrative record; a pro se filing that misstates the law or fails to cite the correct authority can result in a quick denial. An experienced attorney can evaluate whether the decision has a viable error, gather the necessary supporting documents, and ensure the motion is filed with the correct filing fee or fee‑waiver application. For complex cases—especially those with potential removal consequences—legal representation can make the difference between restoring a pathway to a benefit and losing it entirely. For a consultation on your specific matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How does a Falls Church resident file a motion to reconsider?

A Falls Church resident files a motion to reconsider with the same USCIS office, Immigration Court, or Board of Immigration Appeals that issued the adverse decision, using the form or format required by that body. Affirmative applications denied by USCIS generally require the motion to be filed at the USCIS Washington District Office in Fairfax. Removal‑related motions are filed at the Arlington Immigration Court. The procedure includes preparing a legal brief, attaching evidence from the original record, submitting the appropriate fee or fee‑waiver request, and serving the motion on the opposing party (such as ICE in removal cases). Working with an attorney who is familiar with Falls Church’s immigration processing venues helps ensure the motion goes to the right place and complies with local filing practices.

What happens after a motion to reconsider is granted?

When a motion to reconsider is granted, the original adverse decision is vacated and the agency or court reexamines the application or case on the merits. The case essentially returns to the procedural posture it held before the denial. USCIS may issue a new decision based on the corrected analysis, or the Immigration Judge may schedule a new hearing. The petitioner may be asked to provide updated information or attend a follow‑up interview. A grant of the motion does not guarantee approval of the underlying benefit; it only means the prior error has been corrected and the case will be freshly evaluated. Falls Church residents whose motion is granted should continue to work closely with their attorney to ensure all required steps are completed during the reopened proceeding.

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