A motion to reconsider in immigration law is a request to review a prior decision based on an error of law or fact, governed by the Immigration and Nationality Act (8 U.S.C.) and 8 C.F.R. § 1003.2(b)(2). Law Offices Of SRIS, P.C. has extensive experience handling motions to reconsider for Suffolk County residents, with firm-wide documented results across VA, MD, DC, NY and NJ.
Motion to Reconsider Lawyer Suffolk County, New York
A motion to reconsider is a procedural request filed with the Immigration Court (EOIR), the Board of Immigration Appeals (BIA), or USCIS to review a prior decision. Under 8 C.F.R. § 1003.2(b)(2), the motion must be filed within 30 days of the decision and must specify the error of law or fact. The Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) governs the underlying immigration matter. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to every case.
Last verified: May 2026 | Suffolk County Supreme Court | New York State Legislature
For official immigration statutes and regulations, consult the following government sources:
In the New York Immigration Court at 26 Federal Plaza, prosecutors routinely oppose motions to reconsider on procedural grounds. We have observed that judges scrutinize the specificity of the alleged error.
- Identify the specific error of law or fact in the decision.
- Gather all supporting documents and legal authority.
- Draft the motion with precise legal arguments.
- File the motion within 30 days of the decision.
- Serve the motion on all parties.
- Monitor the case for a decision.
In Suffolk County, New York, a motion to reconsider is a procedural remedy in immigration cases. The consequences of an unsuccessful motion include continued removal proceedings or denial of the underlying application.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Denial of Motion to Reconsider | Procedural | N/A | N/A | N/A | Original decision stands; removal may proceed |
| Late Filing of Motion | Procedural | N/A | N/A | N/A | Motion rejected; no review of decision |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. The firm handles immigration matters including motions to reconsider and reopen for Suffolk County residents.
Law Offices Of SRIS, P.C. has extensive experience handling immigration cases in Suffolk County. Firm-wide, SRIS has handled 4,739+ documented case results across VA, MD, DC, NY and NJ with over 93% favorable outcomes. Results may vary. Case results depend on a variety of factors unique to each case.
Our location in Buffalo, NY is approximately 350 miles from Suffolk County Supreme Court at 1 Court Street, Riverhead, NY 11901, with access via I-495 (LIE) and the Northern State Parkway.
Motion to Reconsider Lawyer near Suffolk County, New York.
Serving the communities of Riverhead, Huntington, Babylon, Islip, Brookhaven, Smithtown, Patchogue, Bay Shore, Commack, Hauppauge, Montauk, Southampton, Shelter Island.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Phone: (838) 292-0003
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Motion to Reconsider in Suffolk County
Where is the immigration court for Suffolk County, New York?
Removal proceedings for Suffolk County residents are heard at the New York Immigration Court at 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. Affirmative applications are processed at the USCIS NYC Field Office at 26 Federal Plaza. New York has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS, P.C. handles immigration matters for Suffolk County residents.
Removal proceedings are at New York Immigration Court, 26 Federal Plaza, Manhattan. USCIS NYC Field Office handles affirmative applications.
What is a motion to reconsider in immigration law?
A motion to reconsider is a request to the same immigration judge or the Board of Immigration Appeals (BIA) to review a prior decision based on an error of law or fact. It must be filed within 30 days of the decision under 8 C.F.R. § 1003.2(b)(2). The motion must specify the alleged error and is processed by the Immigration Court (EOIR) or BIA.
How long does a motion to reconsider take in New York?
Processing times for a motion to reconsider vary. At the Immigration Court, decisions may take several months. At the BIA, the timeline can extend to 6-12 months or longer due to backlogs. USCIS processing times for motions on applications also vary. Consultation with an immigration attorney is critical before filing.
Can I file a motion to reconsider if my case was denied by USCIS?
Yes. If USCIS denied your application (e.g., I-130, I-485, N-400), you may file a motion to reconsider within 30 days of the denial. The motion must demonstrate an error of law or fact in the decision. USCIS will review the motion and issue a new decision. An experienced immigration reconsideration lawyer Suffolk County can help prepare the motion.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider challenges the legal or factual basis of a decision, while a motion to reopen introduces new evidence that was not available at the time of the original hearing. Both are filed with the same court or agency. A reopen immigration case lawyer Suffolk County can advise which motion is appropriate for your situation.
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Last verified: May 2026 | Updated: 2026-05-02