Motion to Reconsider Lawyer Prince George County, VA
When a U.S. Immigration decision goes against you or a family member, it can feel as though all pathways forward have closed. But that is not necessarily the end of the matter. A motion to reconsider allows you to ask the agency or court that issued an adverse decision to take a second look—specifically to correct an error of fact or law. For residents of Prince George County, Virginia, the immigration system may seem remote, but the legal options available to you are no less real. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. assist individuals throughout Prince George County who seek to reopen or challenge unfavorable immigration determinations. To discuss whether a motion to reconsider may be appropriate in your matter, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is a Motion to Reconsider in Immigration Law?
A motion to reconsider is a formal request directed to U.S. Citizenship and Immigration Services (USCIS), an immigration judge at the Executive Office for Immigration Review (EOIR), or the Board of Immigration Appeals (BIA). The motion argues that the original decision was legally or factually incorrect based on the evidence and law that were already in the record at the time of the decision. It is not an opportunity to submit new evidence—that is a motion to reopen, a distinct procedural device. Instead, a motion to reconsider must identify a specific error in the prior ruling and explain why a different outcome is warranted.
These motions arise in a variety of immigration contexts: an adjustment-of-status denial, an unfavorable asylum determination, a denied waiver application, or a removal order entered by an immigration judge. The legal standards are demanding, and strict deadlines apply. For Prince George County residents, the venue for filing any such motion depends on where the adverse decision was made. If the unfavorable determination came from the USCIS Washington District Office (2675 Prosperity Avenue, Fairfax, VA 22031), the motion is filed there. If a removal order issued from the Arlington Immigration Court (1901 South Bell Street, Arlington, VA 22202), the motion is directed to that court. And if the BIA dismissed an appeal, the motion must be filed with the Board itself. Mr. Sris and his Of Counsel are familiar with each of these adjudicative bodies and can determine the correct forum for your motion.
How Mr. Sris and His Of Counsel Handle Motions to Reconsider
Immigration law is exclusively federal, and motions practice is technical. Mr. Sris and his Of Counsel begin by reviewing the adverse decision, the administrative record, and the grounds upon which a reconsideration request can be made. They identify whether the decision-maker misapplied the law, overlooked controlling precedent, or relied on a clearly erroneous factual finding. If a viable error exists, they prepare a written motion that states with specificity the legal or factual mistake and explains why the decision should be vacated or modified.
Because a motion to reconsider does not permit the introduction of new evidence, the argument must be built entirely from the record that was before the adjudicator. This requires a command of the Immigration and Nationality Act (INA), applicable regulations, and relevant federal precedent. Mr. Sris and his Of Counsel also assess whether alternative relief—such as a motion to reopen, an appeal, or a new application—may be more effective under the circumstances. Every case is different, and the timeline for a decision on a motion to reconsider varies by agency workload and case complexity. The firm works to advance the motion as efficiently as the process allows.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes appearances before immigration courts and the Board of Immigration Appeals, as well as handling family-based petitions, deportation defense, and appeals to the federal circuit courts. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is supported by Of Counsel who bring substantial combined experience in immigration and related areas of law. Together, Mr. Sris and his Of Counsel offer over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary. They have documented 7 case results in Prince George County across all practice areas.
Frequently Asked Questions
When can I file a motion to reconsider an immigration decision?
Generally, a motion to reconsider must be filed promptly after the adverse decision, and the specific deadline depends on the forum. For decisions by an immigration judge, the deadline is set by regulation. USCIS motions to reconsider must be filed within the period specified in the denial notice or by regulation. The Board of Immigration Appeals sets deadlines for motions to reconsider its decisions. Because missing a deadline can waive the right to seek reconsideration, it is important to act promptly. Mr. Sris and his Of Counsel can determine the applicable deadline in your case.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider asserts that the prior decision was wrong based on the law and evidence already in the record, while a motion to reopen asks the adjudicator to consider new evidence that was not previously available. A motion to reconsider identifies a legal or factual error; a motion to reopen presents previously unavailable, material facts that would change the outcome. The two are distinct and are governed by different legal standards. In some cases, it may be possible to file both simultaneously if the circumstances warrant. An experienced immigration attorney can evaluate which motion—or combination—is most suited to your situation.
Can I file a motion to reconsider if I have already appealed?
Generally, once an appeal has been filed with the Board of Immigration Appeals, the immigration judge loses jurisdiction over the case and cannot entertain a motion to reconsider. The motion would need to be directed to the BIA itself. If the BIA dismissed the appeal, a timely motion to reconsider may be filed with the Board. The procedural posture of the case determines the proper forum. Mr. Sris and his Of Counsel review the full procedural history to ensure any motion is filed with the correct body.
What happens if my motion to reconsider is denied?
If a motion to reconsider is denied, the original decision remains in effect, but you may still have other options depending on the case type. After a denial by USCIS, you may be able to appeal to the Administrative Appeals Office (AAO) or pursue federal court review in some circumstances. A denial by an immigration judge may be appealed to the BIA. A BIA denial may be appealable to the appropriate federal circuit court. Each step has strict deadlines and procedural requirements. Mr. Sris and his Of Counsel can discuss the next steps available after a reconsideration denial.
How long does it take to get a ruling on a motion to reconsider?
The time needed to adjudicate a motion to reconsider varies significantly depending on the adjudicating body and its current caseload. USCIS and immigration courts may take months or longer to rule, and past results do not guarantee a similar outcome. The Board of Immigration Appeals generally decides motions within a period that depends on its docket volume. Mr. Sris and his Of Counsel monitor the status of filed motions and can provide updates as the process moves forward.
Do I need a lawyer to file a motion to reconsider?
You are not legally required to have a lawyer to file a motion to reconsider, but the procedural and legal complexities make self-representation challenging. A motion must identify specific legal errors, cite controlling authorities, and be filed within strict deadlines. The government is represented by experienced attorneys. Mr. Sris and his Of Counsel have extensive experience with immigration motions and are admitted to practice before USCIS, immigration courts, and federal appellate bodies. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Does a motion to reconsider stop removal proceedings?
Filing a motion to reconsider does not automatically stop an ongoing removal case or stay a removal order. In removal proceedings before the Arlington Immigration Court, you may need to request a stay of removal separately. If an order of removal has already been entered, the filing of a motion to reconsider typically does not halt its enforcement unless a stay is granted by the immigration judge, the BIA, or the relevant circuit court. The firm can evaluate whether a stay request is appropriate and can assist in preparing it.
Where do Prince George County immigration cases get processed?
Affirmative immigration applications from Prince George County residents are processed at the USCIS Washington District Office in Fairfax, Virginia; contested removal proceedings are heard at the Arlington Immigration Court. The USCIS field office at 2675 Prosperity Avenue, Fairfax, VA 22031 handles green card interviews, naturalization ceremonies, and other benefits adjudications. The Arlington Immigration Court at 1901 South Bell Street, Arlington, VA 22202 has jurisdiction over removal cases for residents of Prince George County and surrounding areas. Appeals from that court go to the Board of Immigration Appeals in Falls Church, Virginia. Our firm appears before all of these tribunals.
What legal standard applies to a motion to reconsider?
The moving party must demonstrate that the prior decision was based on an error of fact or law, and that correcting the error would likely change the outcome. The standard is demanding; mere disagreement with the outcome is not enough. The motion must articulate with particularity the mistake and cite the legal authority that compels a different result. The adjudicator has discretion to deny the motion if the claimed error is not material. Mr. Sris and his Of Counsel are experienced in identifying and framing legal errors in immigration decisions.
Can I file a motion to reconsider a USCIS denial of my green card application?
Yes, you can file a motion to reconsider a USCIS denial of Form I-485 (adjustment of status) or other benefit applications if you believe USCIS made a legal or factual mistake. The motion must be filed with the USCIS office that issued the denial and within any applicable deadline. It should specify the error and include a supporting brief. The filing fee is generally required unless a fee waiver is granted. Mr. Sris and his Of Counsel can help determine if your denial contains a reviewable error and prepare the necessary motion.
What should I do if I received an unfavorable decision from the Arlington Immigration Court?
Promptly consult with an immigration attorney to evaluate whether a motion to reconsider, a motion to reopen, or an appeal to the Board of Immigration Appeals is appropriate. The timeline for filing a motion with the immigration court is 30 days from the decision, and the timeline for filing an appeal is 30 days. Missing these deadlines can result in the loss of important rights. Mr. Sris and his Of Counsel can review the written decision and advise on the trusted course of action. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Does Law Offices Of SRIS, P.C. offer consultations for immigration motions in Prince George County?
Yes, Mr. Sris and his Of Counsel provide consultations by appointment for individuals in Prince George County who have immigration matters, including motions to reconsider. Consultations allow you to discuss the facts of your case and receive an assessment of potential legal options. To schedule a consultation, reach our firm at (888) 437-7747. Our Richmond location serves clients throughout Prince George County and the surrounding region.
For additional information on immigration representation in nearby Virginia localities, you may find the following pages helpful:
- Fairfax County Immigration Lawyer
- Prince William County Immigration Lawyer
- Manassas Immigration Lawyer
- Fairfax City Immigration Lawyer
- Falls Church Immigration Lawyer
Additional resources from official government sources:
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.