Motion to Reconsider Lawyer for Stafford County Immigration Cases
If your immigration application was denied, a motion to reconsider lawyer in Stafford County can challenge that decision. A motion to reconsider argues the decision was based on an incorrect application of law. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Stafford County General District Court | Virginia Code
A motion to reconsider is a formal request asking U.S. Citizenship and Immigration Services (USCIS) or the Board of Immigration Appeals (BIA) to re-examine a denial or unfavorable decision based on an error of law or policy. It is governed by federal regulations under Title 8 of the Code of Federal Regulations (8 C.F.R. § 103.5). Unlike a motion to reopen, which presents new facts, a motion to reconsider asserts the decision was legally incorrect based on the existing record.
Founded in 1997 by former prosecutor Mr. Sris, our firm provides full representation in immigration matters. We understand the high stakes of these filings, where strict deadlines and precise legal arguments are critical.
Official Government Resources
For the official regulations governing motions, refer to the Electronic Code of Federal Regulations (e-CFR), Title 8. Local immigration court information can be found at the Executive Office for Immigration Review (EOIR) website for the Arlington Immigration Court.
- Review the Denial Notice: Obtain and analyze the full decision from USCIS or the BIA to identify the stated legal grounds for denial.
- Identify the Legal Error: Determine if the decision misapplied statute, regulation, or binding case law to the facts of your case.
- Draft the Motion: Prepare the Form I-290B (Notice of Appeal or Motion) or the appropriate BIA form, accompanied by a legal brief arguing the error. The deadline is typically 30 days from the decision date.
- File and Serve: File the motion with the correct office (e.g., USCIS service center, BIA) and pay the required fee or request a fee waiver.
- Monitor and Respond: Track the case and be prepared to respond to any requests for evidence or additional argument from the agency.
Filing a motion to reconsider in Stafford County involves strict 30-day deadlines and requires demonstrating a clear error in the application of law, not just a disagreement with the outcome.
Why Choose Our Firm for Your Immigration Motion
With over 120 years of combined attorney experience, Law Offices Of SRIS, P.C. brings deep knowledge of immigration procedures. Mr. Sris, our managing attorney, personally handles complex immigration matters and is frequently consulted by Indian Consulate officials in Washington, D.C. on U.S. legal matters affecting Indian nationals. Our team understands the nuances of arguing legal errors before USCIS and the immigration courts.
Case Results and Approach
Our firm has a documented record of 119 case results across all practice areas in Stafford County with a 100% favorable outcome rate. While every case is unique, our approach to immigration motions involves a meticulous review of the administrative record, targeted legal research, and persuasive briefing designed to meet the exacting standards of adjudicators.
Results may vary. Prior results do not guarantee a similar outcome.
Of Counsel attorney Bryan Block also assists with specific family-based petition issues, including responding to Notices of Intent to Deny (NOID), which can be a critical step before a motion becomes necessary.
Contact Our Stafford County Immigration Attorneys
Our Fairfax location serves Stafford County residents. We are approximately 40 miles from the Stafford County courts at 1300 Courthouse Road, accessible via I-95 and Route 1.
Motion to reconsider lawyer near Stafford County courts and Quantico Marine Corps Base. We serve clients in Stafford, Aquia Harbour, and Brooke.
Available 24/7 by phone. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Motion to Reconsider & Reopen Immigration Case FAQs
What is the difference between a motion to reconsider and a motion to reopen?
It depends on the basis of your argument. A motion to reconsider claims the decision was wrong based on the law and evidence already in the record. A motion to reopen immigration case lawyer in Stafford County would file a motion to reopen to present new facts or evidence that was not previously available.
How long do I have to file a motion to reconsider?
Typically, you have 30 days from the date the decision was mailed by USCIS or the BIA. This deadline is strict, and missing it usually means losing the right to file. Consulting a motion to reconsider lawyer in Stafford County immediately after a denial is crucial.
Can I file a motion to reconsider if my visa was denied at the consulate?
No. A motion to reconsider applies to decisions made by USCIS within the United States or by the BIA. Consular visa denials are generally not appealable through this mechanism. Different diplomatic review processes may apply.
What are the chances of success with a motion to reconsider?
Success rates vary widely and depend entirely on the ability to identify a clear legal error in the original decision. The standards are high. An experienced immigration reconsideration lawyer in Stafford County can assess the specific legal grounds of your denial to evaluate the strength of a potential motion.
What happens if my motion to reconsider is denied?
If the motion is denied, you may have limited options, such as appealing to the next administrative level (e.g., from USCIS to the BIA, or from the BIA to the Federal Court of Appeals). Strict deadlines apply for appeals, so prompt action is necessary.
Related Pages: For other legal needs in Stafford County, see our criminal defense and DUI defense services. For statewide immigration information, visit our Virginia immigration hub. We also assist clients in neighboring areas like Prince William County.
Page Last verified: April 2026. Immigration laws and procedures change frequently. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance on your motion to reconsider or motion to reopen.