A Motion to Reconsider in immigration law is a formal request under 8 C.F.R. § 1003.23 asking USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals to review a prior decision based on an error of law or fact. Law Offices Of SRIS, P.C. has extensive criminal defense experience and handles immigration matters for Westchester County residents.
Motion to Reconsider Lawyer Westchester County, New York
A Motion to Reconsider is governed by the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) and Title 8 of the Code of Federal Regulations. Under 8 C.F.R. § 1003.23, a motion to reconsider must be filed within 30 days of the decision being challenged. The motion must specify the errors of law or fact in the original decision and may not introduce new evidence. For Westchester County residents, these motions are typically filed with the New York Immigration Court at 26 Federal Plaza, Manhattan, or with USCIS depending on the type of application. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: May 2026 | Westchester County Supreme Court | New York State Legislature
For official statutory text, consult the USCIS Laws and Regulations (uscis.gov — official site) and the EOIR Regulations (justice.gov — official site).
In the New York Immigration Court, prosecutors routinely oppose motions to reconsider on procedural grounds. We have observed that many motions are denied due to missing deadlines or insufficient legal argument. The 30-day filing window under 8 C.F.R. § 1003.23 is strictly enforced.
- Obtain the official decision from USCIS, Immigration Court, or BIA.
- Identify the specific legal or factual error in the decision.
- Draft a motion citing 8 C.F.R. § 1003.23 and explaining the error.
- File the motion within 30 days of the decision date.
- Serve a copy on all opposing parties.
- Await the agency’s decision, which may take several months.
In Westchester County, immigration matters involving motions to reconsider carry significant consequences, including potential removal proceedings and bars to reentry.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Removal Order | Federal | N/A (removal) | N/A | N/A | Unlawful presence bars: 3-year, 10-year, or permanent |
| Aggravated Felony Deportation | Federal | N/A (removal) | N/A | N/A | Permanent bar to reentry |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, 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%. Mr. Sris, former prosecutor, founded the firm and personally handles complex immigration matters, including motions to reconsider and reopen. The firm’s experience spans family-based petitions, adjustment of status, naturalization, deportation defense, asylum, cancellation of removal, and VAWA petitions.
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Westchester County. Firm-wide across VA, MD, DC, NY and NJ, SRIS has handled 4,739+ documented case results 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 Westchester County Supreme Court, with access via I-87 (NYS Thruway), I-84, I-287, Taconic State Parkway, and Route 9. For a Motion to Reconsider Lawyer Westchester County, call (888) 437-7747. Serving the communities of White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Bronxville, Rye, Ossining, Peekskill, Tarrytown, Mamaroneck, Port Chester, Dobbs Ferry, Larchmont, and Hastings-on-Hudson. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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 Westchester County
Where is the immigration court for Westchester County, New York?
Removal proceedings for Westchester County residents are heard at the 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 Westchester County residents.
What is a Motion to Reconsider in immigration law?
A Motion to Reconsider is a request filed with USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals asking the agency to review its prior decision based on an error of law or fact. Under 8 C.F.R. § 1003.23, the motion must be filed within 30 days of the decision. An immigration reconsideration lawyer Westchester County can help prepare the motion.
How long does a Motion to Reconsider take in New York?
Processing times for a Motion to Reconsider vary. At the New York Immigration Court, decisions may take several months. USCIS processing times depend on the specific form and field office. Significant backlogs exist: removal cases can take 2-5+ years. Consultation with an immigration attorney is critical.
Can I file a Motion to Reconsider after a deportation order?
Yes. A Motion to Reconsider can be filed after a deportation order if there is an error of law or fact in the original decision. The motion must be filed within 30 days of the order under 8 C.F.R. § 1003.23. A Motion to Reconsider Lawyer Westchester County can help evaluate your case.
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 agency. A reopen immigration case lawyer Westchester County can advise on which option applies.
How does a lawyer defend against motion to reconsider charges?
Defense strategies for a motion to reconsider may include challenging the legal basis of the original decision, examining procedural compliance, negotiating with opposing counsel, and presenting mitigating factors. An experienced attorney evaluates the specific facts under the Immigration and Nationality Act to build the strongest possible defense.
What should I do if I am facing motion to reconsider proceedings?
If facing motion to reconsider proceedings, contact an immigration attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The 30-day filing deadline under federal regulations requires prompt action.
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Last verified: May 2026 | Westchester County Supreme Court | New York State Legislature