Motion to Reconsider Lawyer Virginia Beach, VA
When a decision from U.S. Citizenship and Immigration Services (USCIS) or an immigration judge does not go as planned, a motion to reconsider can be a critical next step. For individuals and families in Virginia Beach, this procedural tool allows you to ask the same authority that issued the denial or removal order to reexamine its decision based on an error of law or fact. Virginia Beach residents pursue motions to reconsider in affirmative application matters through the USCIS Washington Field Office in Fairfax and, in removal (deportation) defense cases, before the Arlington Immigration Court. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel have extensive experience handling immigration motions, including motions to reconsider, for clients across the Hampton Roads area. They work to identify the specific legal or factual mistake in the prior ruling and to present a clear, well-supported argument for reversing it. Reach our location at (888) 437-7747 to discuss whether a motion to reconsider is appropriate in your case.
What a Motion to Reconsider Means in Virginia Beach Immigration Cases
A motion to reconsider is a formal request to a USCIS officer, an immigration judge, or the Board of Immigration Appeals (BIA) asking that the earlier ruling be reexamined. It is not an appeal to a higher authority; rather, it argues that the original decision was wrong on the law, the facts, or the application of law to facts when it was first made. In the immigration context, this motion is governed by federal regulations and the Immigration and Nationality Act, and the specific rules for filing depend on whether the underlying matter is before USCIS or the Executive Office for Immigration Review (EOIR).
For Virginia Beach residents, the location of the administrative body matters. Affirmative applications—such as a green card petition or a naturalization request—are processed at the USCIS Washington District Office at 2675 Prosperity Avenue, Fairfax, VA 22031. When those applications are denied, a motion to reconsider is typically filed at the same office. Removal (deportation) proceedings, by contrast, are heard at the Arlington Immigration Court, 1901 South Bell Street, Arlington, VA 22202. If an immigration judge issues a removal order, the motion to reconsider must be filed with that court within the time limits set by regulation. Because these deadlines are strict and procedural errors can bar relief, individuals throughout Virginia Beach, Sandbridge, and Oceana often seek legal guidance early to preserve their rights.
To succeed on a motion to reconsider, the requesting party must point to a specific mistake—not merely disagree with the outcome. The motion must demonstrate that the prior decision misapplied the law, overlooked material evidence, or relied on an incorrect factual premise. It cannot simply reargue the same points. Mr. Sris and his Of Counsel understand the high standard involved and prepare motions that are grounded in the record, citing applicable sections of the Immigration and Nationality Act and relevant BIA precedent. A well-framed motion to reconsider can reopen a pathway to relief that appeared closed, but the opportunity must be seized promptly.
How Mr. Sris and His Of Counsel Handle Immigration Motions to Reconsider
Every motion to reconsider begins with a careful review of the denial notice, the original application or pleadings, and the administrative record. Mr. Sris and his Of Counsel look for the kind of error that the regulations require: was a key piece of evidence ignored? Was a statutory provision misapplied? Was the decision based on a factual assumption that the record does not support? They then structure the motion around that error, explaining with precision why the original ruling should be set aside.
The team at Law Offices Of SRIS, P.C. also examines whether the motion should be supplemented with new evidence. In some USCIS contexts, a motion to reconsider may be combined with a motion to reopen, which introduces new facts. Knowing which tool to use—and when—is part of the strategic judgment that comes from decades of immigration practice. Once the motion is drafted, it is filed with the appropriate office or court, and the firm monitors the docket for a ruling. Throughout the process, clients in Virginia Beach receive clear explanations of what to expect, because the timeline and outcome depend on the particular facts and the workload of the deciding body.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997, building a multi-state practice that serves clients across Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he concentrates his practice on immigration, criminal defense, and family law matters. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The Of Counsel team includes experienced attorneys who are engaged through Excella and who support the firm’s immigration work. Together, they assist Virginia Beach residents with motions to reconsider, green card petitions, deportation defense, asylum, and a full range of immigration services.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a request that the same USCIS officer or immigration judge who denied a petition, application, or relief reexamine the decision because of an error of law or fact. It is not a second bite at the same arguments; the motion must identify a specific mistake in the earlier ruling. In the Virginia Beach area, these motions may be filed with the USCIS Washington Field Office for affirmative filings or with the Arlington Immigration Court for removal proceedings. The standard is high, and the time to file is limited by regulation. Working with an experienced immigration attorney can help you determine whether the record contains a correctable error and how best to present it.
When can I file a motion to reconsider after a denial or removal order?
The deadline for filing a motion to reconsider depends on the forum; for immigration judge decisions, the motion must generally be filed within 30 days of the order, while USCIS motions often have a 30-day window as well. Missing the deadline can forfeit the right to ask for reconsideration, so prompt action is important. There are exceptions—for example, if the decision was mailed and the date of receipt is later, the counting may start from receipt. Because these time limits are inflexible and miscalculation can be fatal to a case, Mr. Sris and his Of Counsel advise Virginia Beach clients to seek legal review of any denial immediately.
What happens if my motion to reconsider is denied?
If the original decision maker denies the motion to reconsider, the underlying denial or removal order stands, but further review may be available through an appeal to a higher authority. For immigration judge decisions, denial of a motion to reconsider can be appealed to the Board of Immigration Appeals, which must be filed within the prescribed appellate deadline. For USCIS denials, some decisions allow an administrative appeal or a renewed filing with additional evidence. Each option carries its own procedural requirements and deadlines. Mr. Sris and his Of Counsel evaluate the denial to determine whether an appeal, a new motion, or another form of relief is the most promising path forward.
Do I need a lawyer to file a motion to reconsider in Virginia Beach?
You are not required by law to have a lawyer, but motions to reconsider demand a precise showing of legal or factual error, and individuals who proceed without counsel often miss the narrow grounds required. The motion must cite applicable statutes and regulations, marshal the record, and persuade the decision maker that the earlier ruling was defective. Mr. Sris and his Of Counsel bring extensive immigration experience to each motion, analyzing the denial letter, identifying the strong $1, and drafting the motion to meet the specific pleading standards of USCIS or the immigration court. For residents of Virginia Beach, Sandbridge, and Oceana, working with an attorney familiar with the local USCIS and EOIR offices can help ensure that the motion is filed correctly and on time.
How long does a motion to reconsider take?
The timeline for a ruling on a motion to reconsider varies significantly depending on the type of case, the forum, and the current workload of the USCIS office or immigration court. Some motions are adjudicated within a few months, while others may remain pending for an extended period. The Arlington Immigration Court, for example, faces substantial backlogs in removal proceedings, and that can affect motion practice as well. Instead of promising a particular timeframe, Mr. Sris and his Of Counsel monitor each case’s progress and communicate with clients about any updates. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Additional immigration resources for Virginia Beach residents:
Immigration Lawyer Fairfax County, VA · Immigration Lawyer Fairfax (City), VA · Immigration Lawyer Falls Church (City), VA · Immigration Lawyer Prince William County, VA
Primary Virginia sources: Virginia Code · Virginia Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.