Motion to Reconsider Lawyer Loudoun County, VA
When a decision in an immigration matter does not go as expected, a motion to reconsider can be a critical tool. For people in Loudoun County—including Ashburn, Leesburg, Sterling, Brambleton, and surrounding communities—these motions are handled by the same federal agencies and courts that process all U.S. Immigration cases: U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), and the Board of Immigration Appeals (BIA). A motion to reconsider asks the original decision‑maker to review its determination based on an alleged error of law or fact. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., together with the firm’s Of Counsel attorneys, represents Loudoun County residents in motions to reconsider before USCIS, the Arlington Immigration Court, and other EOIR venues. The firm has practiced in Virginia, Maryland, the District of Columbia, New Jersey, and New York since 1997, and has extensive experience with the procedural and substantive requirements of immigration motions. To request a consultation, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What an Immigration Motion to Reconsider Means in Loudoun County
A motion to reconsider is a formal request for an immigration adjudicator to re‑examine a prior decision. Unlike an appeal, which asks a higher authority to review a case, a motion to reconsider is directed to the same body that made the original determination—whether that is a USCIS field office, an immigration judge, or the BIA. The motion must identify a specific legal or factual mistake in the original ruling and explain why the outcome would have been different absent that error. The Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) and the regulations of the Executive Office for Immigration Review shape the requirements for such motions.
For Loudoun County residents, immigration adjudications do not take place in a state courthouse. Affirmative applications—such as green card petitions, naturalization requests, and motions filed with USCIS—are processed at the USCIS Washington District Office in Fairfax. Defensive matters, including motions to reconsider within removal proceedings, are heard at the Arlington Immigration Court or the Sterling Immigration Court. The Law Offices Of SRIS, P.C. Appears at all three venues and understands the procedural expectations of the adjudicators who handle motions in the national capital region.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Motion to Reconsider Cases
Every motion to reconsider must meet strict filing deadlines and content requirements. The firm immediately reviews the underlying decision to determine whether a motion to reconsider is the appropriate procedural vehicle. Mr. Sris and the firm’s Of Counsel attorneys examine the record for misapplication of law, failure to consider material evidence, or other errors that can form the basis for a motion. They prepare supporting briefs that address the precise grounds for reconsideration, attaching the original decision and all necessary exhibits.
Once the motion is filed, the firm monitors the case status and responds promptly to any requests for additional evidence. If the motion involves a removal proceeding, the attorneys may also address bond issues or seek a stay of removal pending the outcome. The firm’s multi‑state practice and long‑standing familiarity with EOIR and USCIS procedures in the Virginia region contribute to the thorough preparation of each motion. The timeline for a decision on a motion to reconsider depends on the agency’s workload and the complexity of the case, but the firm works to present the strong $1 as early as possible.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted 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). His background includes extensive experience in complex procedural matters, which directly informs the firm’s approach to immigration motions.
The firm’s Of Counsel attorneys bring additional depth to motion‑to‑reconsider practice. Collectively, Mr. Sris and the firm’s Of Counsel attorneys have handled immigration cases across multiple jurisdictions. The firm has documented case results since its founding. Results may vary. In any particular matter. Every attorney works to present a well‑prepared, thoroughly researched motion tailored to the facts and the applicable law.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider asks the same immigration authority that made a decision to re‑examine it because of a legal or factual error. It is governed by the Immigration and Nationality Act and EOIR regulations. The motion must be filed within a specific timeframe—usually 30 days after the decision for immigration court matters—and must point to the particular mistake that affected the outcome. Unlike an appeal, it does not go to a higher tribunal; the same judge or agency reviews it. An experienced immigration attorney can assess whether a motion to reconsider is the appropriate step.
Where do Loudoun County residents file an immigration motion to reconsider?
It depends on which agency issued the underlying decision. For matters handled by USCIS, the motion is filed with the USCIS office that decided the case—often the Washington District Office in Fairfax for Loudoun County applicants. For removal cases, the motion goes to the immigration court that ordered removal, typically the Arlington Immigration Court or Sterling Immigration Court. If the BIA decided the case, the motion is filed with the BIA in Falls Church, Virginia. Law Offices Of SRIS, P.C. can identify the correct filing location and ensure the motion meets all jurisdictional requirements.
How soon must a motion to reconsider be filed?
Timing is critical and varies by the type of proceeding. In immigration court, a motion to reconsider generally must be filed within the deadline prescribed by the applicable regulations. USCIS motions for certain applications have their own deadlines under the applicable statutes and regulations. Missing the window can result in the motion being rejected. Mr. Sris and the firm’s Of Counsel attorneys review the decision date immediately to determine the applicable deadline and file well within the required period.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider challenges a decision based on a claim of legal or factual error in the original ruling; a motion to reopen asks the agency to consider new evidence that was not available at the time of the original decision. Both are separate procedural tools, and the rules for each are different. Choosing the wrong motion can delay a case or result in denial. An attorney can review the circumstances and advise which motion offers the an informed approach.
Do I need a lawyer for an immigration motion to reconsider?
You are not required to have an attorney, but the procedural rules are technical and the legal standards are demanding. A motion must cite specific statutes, regulations, or case law, and must be supported by a detailed brief. A small error can lead to denial. Mr. Sris and the firm’s Of Counsel attorneys understand the motion‑practice expectations of USCIS, the immigration courts, and the BIA. For a consultation about your motion, reach the firm at (888) 437-7747.
What are the possible outcomes of a motion to reconsider?
The adjudicator can grant the motion and change the original decision, deny the motion, or in some cases ask for additional evidence. If granted, the prior unfavorable outcome is set aside and the case proceeds according to the new determination. If denied, further review may be available through an appeal to the next level, depending on the type of case. Results vary; prior outcomes do not guarantee a similar outcome, and each case must be evaluated on its own merits.
How much does it cost to file an immigration motion to reconsider?
USCIS generally charges a filing fee for Form I‑290B (Notice of Appeal or Motion), but fee waivers may be available for income‑eligible applicants. Immigration court motions may have no filing fee. Attorney fees vary based on the complexity of the motion and the work required to prepare the supporting documentation. During a consultation, the firm can discuss the filing fees applicable to your situation.
What if my motion to reconsider is denied?
A denial does not always end the case. Depending on the type of decision and the forum, you may have the right to appeal to a higher authority, such as the BIA or a federal circuit court. The deadline for appealing a denial is often short. An attorney can evaluate whether an appeal is feasible and, if so, prepare the necessary filings. Law Offices Of SRIS, P.C. handles appeals as well as initial motions.
What is the “Pereira” rule and does it apply to motions to reconsider?
Pereira v. Sessions and Niz‑Chavez v. Garland addressed the stop‑time rule for cancellation of removal; while not directly a motion‑to‑reconsider standard, the cases illustrate how a procedural defect in a Notice to Appear can affect an immigration case. If the original decision was based on an NTA that lacked the required time‑and‑place information, a motion to reconsider might argue that the decision was legally flawed. The firm’s attorneys are familiar with these precedents and can assess whether they apply to a particular motion.
Can a motion to reconsider be used to challenge a denied green card application?
Yes, if USCIS denied the application based on a misapplication of law or an error in evaluating the evidence, a motion to reconsider can be filed. For example, if the officer overlooked key documents or applied the wrong legal standard, the motion would point out the mistake and ask for a new decision. The firm has experience with adjustment‑of‑status denials and understands the documentation needed to support a successful motion.
How does the Arlington Immigration Court handle motions to reconsider?
Immigration judges at the Arlington Immigration Court review motions to reconsider under the same federal standards as other courts, but local practices regarding briefing schedules and oral argument may vary. The firm appears regularly at the Arlington court and is familiar with its procedures. Motions must be well‑supported and timely; the court will expect a thorough, citation‑backed argument. Mr. Sris and the firm’s Of Counsel attorneys prepare each motion to meet those expectations.
Related pages:
Immigration Lawyer Fairfax County, VA |
Immigration Lawyer Prince William County, VA |
Immigration Lawyer Stafford County, VA |
Immigration Lawyer Fauquier County, VA |
Immigration Lawyer Arlington County, VA
Official sources:
USCIS Laws & Policy (immigration forms and procedures) |
DOJ Executive Office for Immigration Review (EOIR) |
Virginia Judicial System (state court general information)
For family‑based immediate relative green card cases, the total government filing fees for adjustment of status (I‑485), family petition (I‑130), and biometrics generally amount to approximately $2,200 before attorney fees, as of the current USCIS fee schedule.
Source: USCIS Fee Schedule (8 CFR § 103.7). USCIS Filing Fees
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
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.