A Motion to Reconsider Lawyer in Nassau County, New York, helps you challenge an adverse immigration decision by demonstrating an error of law or fact under the Immigration and Nationality Act (8 U.S.C.) and 8 C.F.R. § 1003.2. Law Offices Of SRIS, P.C.
Motion to Reconsider Lawyer in Nassau County, New York
A motion to reconsider is a legal request filed with USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals (BIA) asking the agency to review its prior decision based on an error of law or fact. Under the Immigration and Nationality Act (8 U.S.C.) and 8 C.F.R. § 1003.2(b)(2), the motion must generally be filed within 30 days of the decision. The motion must specify the alleged error and the relief sought. Unlike a motion to reopen, which introduces new evidence, a motion to reconsider argues that the original decision was incorrect based on the existing record. Filing a motion to reconsider does not automatically stay removal, so prompt action is critical. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: May 2026 | Nassau County Supreme Court | Nassau County Supreme Court — official site
For the full text of the Immigration and Nationality Act, visit USCIS.gov — Immigration and Nationality Act (official site). For regulations governing motions to reconsider, see EOIR regulations at justice.gov (official site).
In the New York Immigration Court at 26 Federal Plaza, prosecutors routinely oppose motions to reconsider on procedural grounds, arguing that the movant failed to identify a clear error of law or fact. We have observed that many motions are denied because they reargue facts already considered rather than presenting a new legal argument. The key is to focus on a specific legal error — such as misapplication of a statute or failure to consider relevant case law — rather than simply disagreeing with the outcome.
- Obtain a certified copy of the decision you wish to challenge.
- Identify the specific legal or factual error in the decision.
- Draft a motion citing the applicable statute and regulation.
- File the motion with the appropriate agency within 30 days.
- Serve all parties and monitor the case status.
- Respond promptly to any requests for additional information.
In Nassau County, New York, a motion to reconsider is a procedural request that does not carry a direct penalty but can affect your immigration status. If the motion is denied, the original adverse decision — such as a denial of a green card or a removal order — remains in effect.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Denial of Motion to Reconsider | Procedural | None | None | None | Original decision remains in effect; potential removal proceedings |
| Grant of Motion to Reconsider | Procedural | None | None | None | Case reopened for further review; possible favorable outcome |
Results may vary. Case results depend on a variety of factors unique to each case.
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. While specific case results for Nassau County immigration matters are not separately tracked, the firm’s extensive experience includes successful outcomes in motions to reconsider, motions to reopen, and deportation defense. Results may vary. Case results depend on a variety of factors unique to each case.
Our location at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202 is approximately 350 miles from the Nassau County Supreme Court at 100 Supreme Court Drive, Mineola, NY 11501, with access via I-495 (LIE), Northern State Parkway, and Southern State Parkway. We serve clients throughout Nassau County, including Mineola, Garden City, Hempstead, Long Beach, Valley Stream, Hicksville, Levittown, Freeport, Rockville Centre, Glen Cove, Oyster Bay, Great Neck, Massapequa, and Syosset. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our location in Buffalo, New York is accessible for consultations by appointment only. We serve the communities of Mineola, Garden City, Hempstead, Long Beach, Valley Stream, Hicksville, Levittown, Freeport, Rockville Centre, Glen Cove, Oyster Bay, Great Neck, Massapequa, and Syosset.
Frequently Asked Questions About Motions to Reconsider in Nassau County
Where is the immigration court for Nassau County, New York?
Removal proceedings for Nassau County residents are heard at the New York Immigration Court, 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. USCIS affirmative applications are processed at the NYC Field Office at 26 Federal Plaza. New York has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS handles immigration for Nassau County residents.
Removal proceedings are at New York Immigration Court, 26 Federal Plaza, Manhattan. USCIS at 26 Federal Plaza.
What is a motion to reconsider in immigration law?
A motion to reconsider is a request filed with USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals asking the agency to review its prior decision based on an error of law or fact. It must generally be filed within 30 days of the decision under 8 C.F.R. § 1003.2(b)(2).
A motion to reconsider challenges a prior immigration decision based on an error of law or fact, filed within 30 days under 8 C.F.R. § 1003.2(b)(2).
How long does a motion to reconsider take in New York?
Processing times for motions to reconsider vary significantly. USCIS typically takes 6-12 months, while the Immigration Court (EOIR) may take 3-6 months. The Board of Immigration Appeals (BIA) can take 6-18 months. Current backlogs in New York may extend these timelines.
Processing times vary: USCIS 6-12 months, Immigration Court 3-6 months, BIA 6-18 months.
Can I file a motion to reconsider after a deportation order in Nassau County?
Yes, you can file a motion to reconsider a deportation order with the Immigration Court or BIA. The motion must demonstrate an error of law or fact in the original decision. Filing deadlines are strict — generally 30 days from the order. An immigration reconsideration lawyer in Nassau County can assess your eligibility.
Yes, file within 30 days of the deportation order. An immigration reconsideration lawyer in Nassau County can help.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider argues the original decision was legally or factually incorrect based on the existing record. A motion to reopen presents new facts or evidence that were not available at the time of the original hearing. Both are governed by 8 C.F.R. § 1003.2 and have different filing requirements.
A motion to reconsider challenges the decision based on error; a motion to reopen presents new evidence.
How does a New York lawyer defend against motion to reconsider charges?
Defense strategies for a motion to reconsider in New York may include challenging the legal basis of the original decision, examining procedural compliance, negotiating with opposing counsel, and presenting mitigating factors. An experienced attorney evaluates the specific facts under the Immigration and Nationality Act (8 U.S.C.) to build the strongest possible defense.
Defense strategies include challenging legal errors, procedural compliance, and presenting mitigating factors under the INA.
What should I do if I am facing a motion to reconsider in New York?
If facing a motion to reconsider in New York, contact an immigration attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under New York law require prompt action.
Contact an immigration attorney immediately. Preserve all documents and evidence. Act promptly.
Can a reopen immigration case lawyer in Nassau County help with a motion to reconsider?
Yes, a reopen immigration case lawyer in Nassau County can assist with both motions to reconsider and motions to reopen. These are distinct legal procedures, but both require careful analysis of the original decision and strict adherence to filing deadlines. An experienced attorney can determine which motion is appropriate for your situation.
Yes, a reopen immigration case lawyer in Nassau County can help with both motions to reconsider and motions to reopen.
For more information about our immigration services, visit our Family Green Card Lawyer Bronx page. You may also find these pages useful: Green Card Lawyer Orange County, Green Card Lawyer Madison County, K 3 Spouse Visa Lawyer Orange County, and K 3 Spouse Visa Lawyer Warren County.
Last verified: May 2026 | Nassau County Supreme Court | Nassau County Supreme Court — official site