Motion to Reconsider Lawyer Virginia, VA
A motion to reconsider in immigration law is a formal request asking the U.S. Citizenship and Immigration Services (USCIS), an Immigration Judge with the Executive Office for Immigration Review (EOIR), or the Board of Immigration Appeals (BIA) to review and change a prior unfavorable decision. For Virginia residents, these filings are typically processed through the USCIS Washington Field Office in Fairfax, the Arlington Immigration Court, the Sterling Immigration Court, or directly with the BIA on appeal. Law Offices Of SRIS, P.C. Concentrates its immigration practice on guiding clients through these procedural challenges, whether they arise from a denied family petition, an adverse asylum ruling, a removal order, or another immigration determination. Mr. Sris and his Of Counsel bring extensive federal immigration experience, combined with a deep familiarity with the adjudicatory bodies that handle Virginia cases. Founded in 1997, the firm has documented 4,739+ case results across all practice areas. Results may vary. To discuss your motion to reconsider with an immigration lawyer, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Immigration Motions to Reconsider in Virginia
Immigration is governed exclusively by federal law, so the procedural rules for a motion to reconsider are set by the Immigration and Nationality Act and applicable regulations, not by Virginia statutes. However, where a case is pending or was decided often depends on where the individual lives. For many Virginia residents, affirmative applications and motions filed with USCIS go to the Washington District Office at 2675 Prosperity Avenue in Fairfax. Removal proceedings and any motions arising from them are heard at the Arlington Immigration Court on South Bell Street, which handles the bulk of Northern Virginia and many downstate cases, or at the Sterling Immigration Court on Ridgetop Circle. Appeals from Immigration Judge decisions reach the Board of Immigration Appeals in Falls Church, Virginia, meaning much of the administrative review process stays within the Commonwealth geographically. This concentration of federal immigration adjudicators in Virginia gives practitioners who appear regularly before these bodies a practical understanding of local filing practices, the preferences of adjudicators, and the procedural rhythms that can influence how a motion to reconsider is received.
A motion to reconsider must establish that the prior decision was based on an incorrect application of law or policy at the time it was made. It is not a vehicle for introducing new facts—that is the role of a motion to reopen. Instead, the motion argues that the original adjudicator misapplied the legal standard or overlooked controlling authority. Timing requirements are strict; motions to reconsider before USCIS or an Immigration Judge generally must be filed within thirty days of the adverse decision, though certain exceptions may apply. Filings are fact-specific and demand careful analysis of the underlying record. Mr. Sris and his Of Counsel help clients evaluate whether the legal error they suspect rises to the level needed to sustain a motion, and they handle the drafting and submission of the motion with the appropriate office, preserving appellate rights for any further review.
How Mr. Sris and His Of Counsel Handle Motions to Reconsider
When a client asks Law Offices Of SRIS, P.C. to prepare a motion to reconsider an immigration decision, the first step is a thorough review of the entire record that led to the adverse ruling. The legal team examines the original application, the notice of decision or oral ruling, any transcripts, and the precise legal standard that should have been applied. This process identifies whether the decision-maker made a factual or legal error that renders the outcome incorrect under the law as it existed at the time. If a viable argument exists, the firm prepares a detailed memorandum of law that pinpoints the error and explains why reconsideration is warranted, and then files the motion with the appropriate body—USCIS, the Immigration Court, or the BIA.
Because immigration decisions can carry profound consequences—separation from family, removal from the United States, permanent bars to reentry—the decision to pursue a motion to reconsider is rarely taken lightly. Mr. Sris and his Of Counsel work with each client to assess the probability of success, weigh the costs and potential benefits, and determine whether other relief options might be available simultaneously. The firm’s approach is methodical and grounded in years of experience before the immigration agencies and courts that decide Virginia residents’ cases. While the outcome of any motion cannot be past results do not guarantee a similar outcome, the firm is committed to presenting the strongest possible legal argument every time it files.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes testifying before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Alongside Mr. Sris, the firm’s Of Counsel bring over 120 years of combined legal experience. Results may vary. The team collectively handles immigration matters, including motions to reconsider, for residents across Virginia, from Northern Virginia to the Richmond area and beyond. The firm’s Fairfax location at 4008 Williamsburg Court serves as the anchor for its Virginia immigration practice. Consultations are by appointment; you can reach the firm at (888) 437-7747.
Frequently Asked Questions
What is a motion to reconsider in immigration?
A motion to reconsider is a formal request asking the immigration authority that issued an unfavorable decision to review its own ruling based on an incorrect application of law or policy. It does not ask the agency to look at new evidence; rather, it argues that the decision was legally wrong at the time it was made. Motions to reconsider can be directed to USCIS, an Immigration Judge, or the Board of Immigration Appeals, depending on which body rendered the original decision. The standard is demanding—the moving party must show that the decision was not just arguably incorrect, but clearly erroneous under the law and regulations in effect when the original ruling was issued. Because the window for filing is often short, it is important to seek legal guidance promptly.
When can I file a motion to reconsider?
A motion to reconsider generally must be filed within 30 calendar days of the date of the adverse decision, though the exact deadline can vary by the type of proceeding and the agency that issued the ruling. For decisions by an Immigration Judge, the 30-day clock runs from the oral decision or the date the written decision is mailed, whichever is later. USCIS decisions also typically carry a 30-day deadline from the date of the denial notice. The Board of Immigration Appeals has its own filing deadline. Missing the deadline usually results in the motion being rejected, so it is critical to determine the correct date of the decision and to file the motion well before the deadline. In certain circumstances, a party may ask for an extension or argue that the decision was not properly served, but those arguments are fact-intensive and not always successful.
How long does it take to get a decision on a motion to reconsider?
The timeline for a decision on a motion to reconsider varies considerably and depends on the backlog of the deciding office and the complexity of the legal issues raised. Motions filed with the Arlington Immigration Court or the Sterling Immigration Court may take several months, while motions pending before the Board of Immigration Appeals can range from several months to over a year. USCIS processing times for motions tied to affirmative applications, such as adjustment of status, are subject to the same backlogs as the underlying petition. While there is no past results do not guarantee a similar outcome timeframe, the firm monitors developments and can often provide clients with a reasonable estimate based on recent experience before the particular adjudicatory body.
Do I need an attorney for a motion to reconsider?
You are not required to have an attorney to file a motion to reconsider, but doing so without legal representation can be extremely difficult because the legal standard is technical and the procedural rules are unforgiving. A motion to reconsider must identify a specific error of law or policy in the prior decision and explain why that error caused the wrong outcome. Drafting a persuasive motion requires a command of immigration statutes, regulations, and precedent decisions. An experienced immigration attorney can evaluate whether you have a viable claim, assemble the record, and present the argument in the format the deciding body expects. Given the stakes—often the difference between remaining in the United States and being removed—many people decide that retaining counsel increases their chances of a successful result.
What are the grounds for a motion to reconsider?
A motion to reconsider must demonstrate that the original decision was based on a material error of law or a misapplication of the relevant policy or precedent. The motion may cite a binding BIA decision, a federal circuit court ruling, or a USCIS policy memorandum that the adjudicator overlooked or applied incorrectly. It cannot simply disagree with the outcome or argue that the adjudicator should have weighed the evidence differently. Common grounds include misinterpreting a statutory eligibility requirement, applying an outdated version of the regulations, or ignoring controlling authority from the circuit in which the case is pending. The motion must be supported by a legal memorandum and reference the specific provisions that were misapplied. Because the standard is high, not every unfavorable decision is suitable for a motion to reconsider.
How do I start the process of filing a motion to reconsider in Virginia?
The first step is to obtain and carefully review the complete record of the decision you want to challenge, including the notice of decision, any written opinion, and the administrative record that was before the original adjudicator. Once you have the file, you and your attorney can assess whether a legal error was made. If a basis exists, the attorney will draft the motion, which includes a memorandum of law explaining the error and why reconsideration is required, and will file it with the correct office—USCIS’s Washington Field Office for Fairfax-area cases, the Arlington or Sterling Immigration Court if the matter is in removal proceedings, or the Board of Immigration Appeals for appellate decisions. Because the filing deadline is short, you should contact a lawyer as soon as possible after receiving an unfavorable ruling. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related immigration representation in Virginia: Fairfax County immigration lawyer • Fairfax City immigration lawyer • Falls Church immigration lawyer • Prince William County immigration lawyer • Manassas immigration lawyer
Virginia legal resources: For general state court and code information, visit the Virginia Courts website and the Virginia Code (LIS). Immigration adjudications are federal, but familiarity with the Commonwealth’s court system can be helpful for related state-law matters.
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Case results depend on a variety of factors unique to each case.