Motion to Reconsider Lawyer Tompkins County, New York
If your immigration case was denied, a Motion to Reconsider allows you to ask the same immigration judge or agency to review and change the decision based on an error of law or fact. Under the Immigration and Nationality Act (8 U.S.C.), you generally have 30 days to file. Law Offices Of SRIS, P.C.
Understanding the Motion to Reconsider in Immigration Law
A Motion to Reconsider is a formal request filed with the same immigration judge, the Board of Immigration Appeals (BIA), or USCIS that issued the original decision. The motion must specify the errors of law or fact in the decision and explain why the decision should be changed. Under 8 C.F.R. § 1003.23, the motion must be filed within 30 days of the decision. Unlike a Motion to Reopen, a Motion to Reconsider does not require new evidence — it argues that the original decision was wrong based on the existing record. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience. The firm’s tagline, Advocacy Without Borders, reflects its commitment to clients nationwide.
Last verified: May 2026 | Tompkins County Supreme Court | New York State Legislature
Official Resources for Immigration Law
For the full text of the Immigration and Nationality Act, visit USCIS.gov — Immigration and Nationality Act (official site). For regulations governing motions, see EOIR Regulations — 8 C.F.R. (official site).
Insider Perspective on Filing a Motion to Reconsider in Tompkins County
In our experience handling immigration cases for Tompkins County residents, we have observed that the New York Immigration Court at 26 Federal Plaza strictly enforces the 30-day filing deadline for Motions to Reconsider. Missing this deadline can result in the motion being denied as untimely.
Prosecutors and DHS attorneys often oppose Motions to Reconsider, arguing that the original decision was correct. We have found that a well-drafted motion that clearly identifies legal errors has a higher chance of success.
- Review the immigration decision carefully to identify errors of law or fact.
- Gather all relevant documents, including the original decision and any supporting evidence.
- Draft a motion that specifies the errors and cites the applicable law.
- File the motion with the appropriate court or agency within 30 days.
- Serve the motion on the opposing party.
- Await the decision — there is no automatic stay of removal.
Consequences of an Immigration Denial in Tompkins County
In Tompkins County, an immigration denial can lead to removal proceedings, unlawful presence bars, and other serious consequences. The following table outlines potential outcomes.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Presence (180 days – 1 year) | Civil violation | None | None | None | 3-year bar on reentry |
| Unlawful Presence (1 year or more) | Civil violation | None | None | None | 10-year bar on reentry |
| Aggravated Felony Deportation | Removal order | Detention pending removal | None | None | Permanent bar on reentry; ineligibility for most relief |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Immigration Case?
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’s tagline, Advocacy Without Borders, reflects its dedication to providing full legal representation to clients nationwide. Mr. Sris, who personally handles immigration matters, has a background in accounting and information systems, which he applies to complex cases. The firm also has a network of Of Counsel attorneys who collaborate on cases to ensure clients receive the experienced possible representation.
Case Results in Immigration Matters
Law Offices Of SRIS, P.C. has extensive criminal defense experience across multiple practice areas. While specific case results for Tompkins County are not available, the firm has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. Results may vary.
Our Location and Service Area
Our location in Buffalo is approximately 150 miles from Tompkins County Supreme Court, with access via I-90 (NYS Thruway) and I-81. We serve the communities of Ithaca, Dryden, Lansing, Trumansburg, Groton, Newfield, Caroline, and Enfield. We offer 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
If you are searching for an immigration reconsideration lawyer Tompkins County or need to reopen immigration case lawyer Tompkins County, we are here to help.
Our location: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202 | (838) 292-0003. By appointment only.
Frequently Asked Questions About Motions to Reconsider in Tompkins County
Where is the immigration court for Tompkins County, New York?
Removal proceedings for Tompkins County residents are heard at New York Immigration Court, 26 Federal Plaza, Manhattan, or Varick Street Immigration Court. USCIS NYC Field Office at 26 Federal Plaza handles affirmative applications. New York has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS handles immigration for Tompkins County residents. SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes.
What is a Motion to Reconsider in immigration law?
A Motion to Reconsider is a request to the same immigration judge or agency that issued a decision to review and change that decision based on an error of law or fact. It must be filed within 30 days of the decision under 8 C.F.R. § 1003.23. Filing a Motion to Reconsider does not automatically stay removal.
How does a Motion to Reconsider differ from a Motion to Reopen?
A Motion to Reconsider argues the decision was legally or factually incorrect based on the existing record. A Motion to Reopen presents new facts or evidence not available at the time of the original hearing. Both have strict filing deadlines and are adjudicated by the same court or agency.
Can a Motion to Reconsider be filed for a denied green card application?
Yes. If USCIS denies a green card application (I-485), you may file a Motion to Reconsider within 30 days of the denial under 8 C.F.R. § 103.5. The motion must specify the errors of law or fact in the denial. An immigration reconsideration lawyer Tompkins County can help prepare and file this motion.
What should I do if my immigration case was denied?
If your immigration case was denied, contact an immigration attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under the Immigration and Nationality Act require prompt action. A Motion to Reconsider or Motion to Reopen may be available.
Related Practice Areas and Locations
For more information about our services, visit our Family Green Card Lawyer Bronx page. You may also be interested in our Green Card Lawyer Orange County or Green Card Lawyer Madison County pages.
Last verified: May 2026 | Page generated: 2026-05-02