Motion to Reconsider Lawyer Roanoke County, VA
Immigration motions to reconsider are governed by the Immigration and Nationality Act (INA) and processed by the United States Citizenship and Immigration Services (USCIS), the Immigration Court (Executive Office for Immigration Review, or EOIR), or the Board of Immigration Appeals. A motion to reconsider asks the same deciding authority to review its prior decision based on an alleged error of law or fact. For residents of Roanoke County, Virginia—including communities such as Salem, Vinton, Cave Spring, Hollins, and Catawba—affirmative immigration applications are handled at the USCIS Washington District Office in Fairfax, while removal (deportation) proceedings are heard at the Arlington Immigration Court. Because immigration is exclusively federal, no Virginia state court adjudicates the merits of a motion to reconsider, but working with counsel familiar with how these federal agencies and courts treat motions from Virginians can be important. Law Offices Of SRIS, P.C., founded in 1997, concentrates its immigration practice in part on motions to reconsider for clients throughout Roanoke County and across Virginia. Reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Immigration Law Means in Roanoke County
Immigration practice in Roanoke County operates entirely within the federal system. Residents with pending immigration matters engage with the USCIS Washington District Office at 2675 Prosperity Avenue, Fairfax, VA 22031 for applications such as adjustment of status, naturalization, and employment authorization. When a notice to appear initiates removal proceedings, the respondent appears at the Arlington Immigration Court, 1901 South Bell Street, Arlington, VA 22202. Decisions of an immigration judge can be appealed to the Board of Immigration Appeals, and in limited circumstances, to the federal circuit courts. The Shenandoah/Woodstock location of Law Offices Of SRIS, P.C. represents Roanoke County clients across these federal venues, including the Annandale and Sterling Immigration Courts when cases are transferred. Key highway corridors such as I-81, I-581, and Route 220 connect the region to the firm’s service network. Understanding the procedural posture—whether a motion is directed to USCIS, the immigration judge, or the Board—is the starting point for any motion to reconsider, and the standards and deadlines differ at each level. Because USCIS and EOIR policy guidance and precedent decisions change with some regularity, consulting counsel before filing helps ensure that the motion addresses the correct legal standard and is supported by the appropriate evidence.
Roanoke County itself is home to a diverse population, including families and individuals who may be navigating family-based petitions, employment sponsorship, asylum applications, or removal defense. A motion to reconsider arises when a person believes that a decision-maker overlooked a material fact or misapplied the law. For example, if USCIS denies a green card application based on an incorrect reading of the statute or fails to consider submitted evidence, a properly supported motion to reconsider may ask the agency to reexamine the case. Similarly, an immigration judge’s decision can be challenged by a motion to reconsider filed within the deadline set by regulation. Mr. Sris and his Of Counsel team evaluate the decision, the record, and the legal standard to determine whether a motion is warranted and whether it can be filed concurrently with an appeal.
How Mr. Sris and His Of Counsel Handle Motion to Reconsider Cases
When a client receives an unfavorable decision from USCIS or an immigration court, the first step is a careful review of the written decision. Mr. Sris and his Of Counsel examine whether the decision contains a legal error—such as applying the wrong statute or misinterpreting a regulation—or whether it failed to consider evidence that was properly in the record. A motion to reconsider is not an opportunity to present new facts unless those facts demonstrate that the prior decision was legally incorrect, and the motion must be filed within the applicable regulatory period. The team helps clients determine whether the motion can stand alone or should be submitted alongside a motion to reopen or an appeal.
In many instances, the process involves drafting a detailed legal memorandum that identifies the specific error and lays out why reconsideration is warranted under the INA and its implementing regulations. Supporting affidavits, documentary evidence, and citations to precedent decisions from the Board of Immigration Appeals or the federal courts may be included. Because the same officer or judge who issued the original decision typically reviews the motion, the argument must be precise and well-supported. Mr. Sris and his Of Counsel bring extensive experience with federal administrative procedure and have handled immigration matters for clients across Virginia, including Roanoke County. While every case is different and outcomes depend on the specific facts and the applicable law, a well-prepared motion can sometimes lead to a reversal or a reopening that places the client in a better position. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has practiced law since 1997 and 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 immigration practice includes representation in matters before USCIS, the immigration courts, the Board of Immigration Appeals, and federal appellate courts. He is supported by experienced Of Counsel attorneys whose collective backgrounds include former prosecution work, prior law enforcement service as a Virginia State Trooper, and many years of federal litigation. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel, along with 4,739+ documented firm-wide results, inform the strategic approach to each motion. Results may vary.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider asks the same USCIS officer, immigration judge, or Board of Immigration Appeals that issued a decision to review it based on a claimed error of law or fact. The motion must identify the specific error in the prior decision and explain why the decision was incorrect under the applicable statute or regulation. It is distinct from a motion to reopen, which introduces new facts, and from an appeal, which goes to a higher authority. The deadlines, filing procedures, and evidentiary requirements vary depending on the forum. Mr. Sris and his Of Counsel assess whether the decision actually contains a correctable error before recommending this course of action.
How long does a motion to reconsider take in immigration?
The timeline for a decision on a motion to reconsider varies widely depending on the forum, the complexity of the legal issue, and the caseload of the adjudicating body. Some motions may be decided in a matter of months, while others can take longer. USCIS, the immigration courts, and the Board of Immigration Appeals each operate under different internal priorities, and there is no uniform processing time. The motion itself does not automatically pause removal proceedings or extend deadlines for other filings unless a stay or extension is granted. For guidance on what to expect in your particular situation, consult an experienced immigration attorney.
What are the chances of winning a motion to reconsider?
The likelihood of success depends entirely on whether a legal or factual error clearly appears in the prior decision. If the decision-maker overlooked key evidence, misapplied the statute, or relied on an incorrect legal standard, a well-supported motion may be granted. If the motion simply reargues points already considered, it is unlikely to succeed. The standard of review is deferential to the original decision-maker, so the moving party must demonstrate a clear error. Mr. Sris and his Of Counsel evaluate each case individually to assess the strengths and weaknesses of a potential motion. Past results do not guarantee a similar outcome.
Does a motion to reconsider stop deportation?
Filing a motion to reconsider generally does not automatically stop a removal order or stay deportation proceedings. In the immigration court context, the respondent may request a stay of removal along with the motion, but the immigration judge or the Board has discretion to grant or deny it. If the motion is filed with USCIS after a final order of removal, the agency’s jurisdiction may be limited unless the case is reopened. Because immigration enforcement actions can continue while a motion is pending, prompt consultation with counsel is essential to protect the individual’s rights and pursue any available stay.
How does a motion to reconsider work for a denied green card in Roanoke County?
If USCIS denies an adjustment of status or immigrant visa petition for a Roanoke County resident, a motion to reconsider is filed with the USCIS Washington District Office in Fairfax, which processes such applications. The motion must demonstrate that the denial was based on an incorrect application of law or policy. For example, if the officer misapplied the “public charge” rule or failed to credit evidence of bona fide marriage, the motion can point out the error. The filing must comply with USCIS’s time limits and include the required fee or a fee waiver request. An experienced attorney can help determine whether reconsideration is the right path or whether refiling or appealing is more appropriate.
Visit our related pages: Immigration Lawyer Fairfax County · Immigration Lawyer Fairfax City · Immigration Lawyer Prince William County · Immigration Lawyer Manassas
Federal immigration resources: U.S. Citizenship and Immigration Services (USCIS) · Executive Office for Immigration Review (EOIR)
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.