Motion to Reconsider Lawyer New York County, NY

When an immigration judge, the Board of Immigration Appeals, or a USCIS officer issues an unfavorable decision, the affected person may have a limited window to request that the decision-maker reassess the ruling. That request is a motion to reconsider. A motion to reconsider asks the original adjudicator to review the decision based on an argument that the law or policy was applied incorrectly when the decision was made. The motion does not introduce new facts; instead, it targets legal error in the existing record. Law Offices Of SRIS, P.C. represents clients in immigration matters throughout New York County (Manhattan) and the surrounding boroughs. Mr. Sris, Owner and Founder, and the firm’s Of Counsel attorneys bring experienced, multi-state representation to motions to reconsider. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Motion to Reconsider Means in New York County

For residents of Manhattan and New York County, a motion to reconsider in immigration practice is a formal, written request directed to the same officer, immigration judge, or Board member who issued the underlying decision. The motion must identify a specific error of law or fact in the prior determination and explain why the decision should be changed. Under the Immigration and Nationality Act and the corresponding regulations in Title 8 of the Code of Federal Regulations, a motion to reconsider is distinct from a motion to reopen, which relies on new evidence. The standard is rigorous: the moving party must demonstrate that the decision was based on an incorrect application of the governing statute, regulation, or precedent.

In New York County, immigration motions are primarily adjudicated by the New York Immigration Court at 26 Federal Plaza or the Varick Street Immigration Court, depending on the nature of the case. Affirmative applications that were denied by the USCIS New York City Field Office, also at 26 Federal Plaza, may also be subject to a motion to reconsider. The procedural rules—including filing deadlines and the specificity required in the motion—are governed by the Executive Office for Immigration Review and USCIS regulations. Local practitioners know that the adjudicating body applies these rules strictly, making precise, well-supported legal argument essential. The firm’s familiarity with the venues in Manhattan and the broader New York metropolitan area allows the firm’s attorneys to guide clients through the motion process efficiently.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Motion to Reconsider Cases

A motion to reconsider is not a simple re-argument of the case. The firm’s approach begins with a detailed review of the underlying decision, the administrative record, and the governing law. The attorneys identify the precise legal error—whether it is a misapplication of an eligibility standard, an overlooked statutory provision, or a failure to follow controlling precedent. The motion must cite the authority that was allegedly misapplied and explain how the correct analysis would change the outcome.

The firm’s attorneys coordinate the preparation and filing of the motion with the appropriate tribunal office. They ensure that the motion meets all formatting and content requirements, including certification and service obligations. Because motions to reconsider are governed by strict time limits, prompt action is critical. Mr. Sris and the firm’s Of Counsel attorneys prioritize timely assessment so that clients do not forfeit the opportunity to seek redress. While the outcome of any motion depends on the specific facts and legal issues, the firm works to present a persuasive, well-reasoned submission. The firm’s attorneys are experienced in immigration matters and appear regularly before the immigration courts and USCIS offices serving New York County residents.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. He is a former prosecutor and has been practicing law since 1997. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, giving the firm a multi-state practice that serves clients in federal immigration matters across these jurisdictions. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris concentrates his practice on complex immigration, criminal defense, and family law matters.

The firm’s Of Counsel attorneys are experienced practitioners who collaborate with Mr. Sris on immigration cases, including motions to reconsider. The team works collectively to prepare motions that address the specific legal standards of the reviewing authority. Although the firm’s attorneys maintain a multi-state practice, their work for New York County clients is tailored to the requirements of the immigration court and USCIS field offices that serve the borough.

Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary. For a consultation about a motion to reconsider, call (888) 437-7747.

Frequently Asked Questions

What is a motion to reconsider in immigration court?

A motion to reconsider is a formal request asking the immigration judge or the BIA to review a decision because the adjudicator applied the law or policy incorrectly. It does not introduce new facts, unlike a motion to reopen. The motion must pinpoint the legal error and demonstrate that the correct application would likely change the result. Strict filing deadlines apply, so retaining an attorney promptly is important to preserve the right to file.

Where are immigration motions heard for New York County residents?

Immigration motions for New York County residents are heard at the New York Immigration Court at 26 Federal Plaza or the Varick Street Immigration Court, and USCIS motions are filed with the NYC Field Office at 26 Federal Plaza. The New York Immigration Court handles removal proceedings and related motions. USCIS adjudicates affirmative applications. New York City has strong sanctuary policies that limit local cooperation with federal immigration enforcement, but those policies do not alter the federal motion process.

How does a motion to reconsider differ from a motion to reopen?

A motion to reconsider targets legal error in the original decision, while a motion to reopen relies on new, material evidence that was not previously available. Both motions are subject to numerical and time limits under federal regulations. The choice between them depends on whether the problem is a mistake of law or the emergence of new facts, and it is common for the two to be filed together when both grounds exist.

Do I need a lawyer to file a motion to reconsider in New York?

You are not legally required to have a lawyer to file a motion to reconsider, but the process is technically demanding and the stakes are high. The motion must meet strict legal standards, cite proper authority, and comply with filing protocols. An attorney can help you identify the strongest legal arguments and present them effectively. Mr. Sris and the firm’s Of Counsel attorneys can handle the motion on your behalf.

What can I do if my motion to reconsider is denied?

If a motion to reconsider is denied, you may have the right to appeal the denial to the Board of Immigration Appeals or to file a petition for review in the appropriate federal circuit court, depending on the case posture. The appellate process has its own deadlines and procedural requirements. Consulting with an immigration attorney promptly after a denial is critical to determine the next step and any available relief.

How can I reach the firm about a motion to reconsider in New York County?

To request a consultation about a motion to reconsider, call Law Offices Of SRIS, P.C. at (888) 437-7747. The firm serves clients throughout Manhattan’s neighborhoods—including Midtown, Lower Manhattan, Harlem, and the Upper East and West Sides—from its New York location by appointment. Mr. Sris and the firm’s Of Counsel attorneys are available to review your case and discuss your options.

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris. Results may vary.