Motion to Reconsider Lawyer York County, VA
When an immigration agency or court issues an unfavorable decision, you may have the option to request that the decision be looked at again. A motion to reconsider is a formal written request asking the same office that decided your case to reexamine its ruling based on an error of fact or law, or on new evidence that was not previously available. For residents of York County, Virginia — including Yorktown, Grafton, Tabb, and Seaford — immigration matters are handled by federal agencies and immigration courts. Affirmative applications such as green cards, naturalization, and work permits are processed through the USCIS Washington District Office in Fairfax. If you are in removal proceedings, those are heard at the Arlington Immigration Court. Mr. Sris and his Of Counsel assist York County residents with motions to reconsider filed before USCIS, the Immigration Court, and the Board of Immigration Appeals. To discuss the specifics of your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is a Motion to Reconsider in Immigration Law?
A motion to reconsider asks the deciding body — whether it is a USCIS officer, an immigration judge, or the Board of Immigration Appeals — to review its earlier decision because the decision was based on an incorrect application of the law or a mistake of fact. It is not a second bite at the same argument without new support; rather, it must point to a specific legal or factual error in the original decision. The motion must identify the error and explain how correcting that error would change the outcome. This type of motion is different from a motion to reopen, which is based on changed circumstances or new facts that arose after the decision.
Depending on where the decision was issued, the motion must be filed within the time limits set by regulation — generally 30 days for many decisions, though the precise deadline depends on the type of case and the issuing office. Because the procedural rules are technical and the grounds for reconsideration are narrow, working with an experienced immigration attorney is often critical to presenting a persuasive motion. Mr. Sris and his Of Counsel evaluate whether the decision contains a legal or factual error that warrants a motion and, when it does, draft the motion to clearly articulate the error and why reconsideration is appropriate.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a formal written request asking the immigration agency or court that issued a decision to reexamine it because of an error of fact or law. The motion must show that the original decision was wrong based on the evidence and law as they existed at the time of the decision. It is not a place to introduce new facts that you could have presented earlier — that is the purpose of a motion to reopen. If the motion is granted, the prior adverse decision is vacated and the matter is reconsidered. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
When is a motion to reconsider appropriate?
A motion to reconsider is appropriate when the original decision overlooked or misapplied the law, ignored key evidence, or made a clear factual mistake. It is not a substitute for an appeal, but it may be filed instead of or alongside an appeal in some cases. Common examples include a USCIS officer misinterpreting a statutory eligibility requirement or an immigration judge relying on an incorrect legal standard. Because the window to file is limited, an attorney can quickly assess whether a motion is the trusted procedural path. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider challenges the correctness of the original decision based on the existing record, while a motion to reopen seeks to introduce new, material facts that were not previously available. A reconsideration motion argues the adjudicator got it wrong with the information they had; a reopening motion argues new evidence changes the picture. Both are post-decision remedies with different timing and evidentiary requirements. An experienced immigration attorney can advise which motion — or whether both — is appropriate for your case.
Do I need a lawyer to file a motion to reconsider?
You are not legally required to have a lawyer, but an attorney can help determine whether a motion to reconsider is viable, meet the strict procedural rules, and present the strongest legal argument. Immigration motions are subject to precise filing deadlines, formatting rules, and substantive standards. A missed deadline or an insufficiently pleaded error can result in denial without further review. Mr. Sris and his Of Counsel evaluate the original decision, identify any legal or factual mistakes, and draft a motion tailored to the specific requirements of USCIS, the Immigration Court, or the Board of Immigration Appeals.
How does the motion to reconsider process work for York County residents?
York County residents file a motion to reconsider with the same office that issued the unfavorable decision — typically the USCIS Washington District Office in Fairfax for affirmative applications or the Arlington Immigration Court for removal matters. If the decision came from the Board of Immigration Appeals, the motion is filed with the BIA. The motion must be in writing, supported by a legal brief and any relevant exhibits. After filing, the agency or court will issue a decision; processing times vary depending on the caseload of the deciding office. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How long does it take for a motion to reconsider to be decided?
The time it takes for a motion to reconsider to be decided depends on the office handling it and the complexity of the case. USCIS and the immigration courts do not publish processing windows for motions; past results do not guarantee a similar outcome, and backlogs can extend the wait. An attorney can follow up on the motion’s status and, if necessary, seek judicial intervention through a mandamus action in federal district court. In the interim, the status of the underlying immigration matter typically remains unchanged unless a stay is granted.
What happens if my motion to reconsider is denied?
If a motion to reconsider is denied, the unfavorable decision remains in effect, and you may have the right to appeal to a higher administrative body — such as the Board of Immigration Appeals or, from there, to a federal circuit court of appeals. You may also consider filing a new motion if additional errors come to light, but successive motions on the same grounds are disfavored. An immigration attorney can explain your appellate options and help determine the trusted next step based on the specific facts of your case.
Can a motion to reconsider stop my removal (deportation)?
Filing a motion to reconsider generally does not automatically halt removal proceedings, but your attorney can request a stay of removal from the immigration judge, the Board of Immigration Appeals, or, in limited circumstances, from the federal courts. Unless a stay is granted, the government may proceed with removal while the motion is pending. It is essential to present a strong motion and to seek a stay early in the process. Because immigration deadlines are strict, prompt action is critical.
What evidence is needed for a motion to reconsider?
A motion to reconsider relies on the existing record, so you must point to specific documents or testimony already in the file that the decision-maker overlooked or misconstrued. You cannot attach new evidence unrelated to the alleged error; new evidence belongs in a motion to reopen. Your attorney should attach a copy of the adverse decision and any supporting record citations, along with a legal memorandum explaining why the decision was erroneous. For guidance on what to include, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How can a Virginia immigration lawyer help with a motion to reconsider?
A Virginia immigration lawyer can review the unfavorable decision, identify reversible errors of fact or law, prepare the motion and supporting memorandum, meet all filing deadlines, and advocate on your behalf at any subsequent hearing. Because immigration law is federal and applies uniformly across the country, a lawyer licensed anywhere in the United States can assist; however, familiarity with the local practices of the USCIS Washington District Office and the Arlington Immigration Court can be an advantage. Mr. Sris and his Of Counsel routinely handle matters arising from York County and the broader Virginia region.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor with experience in criminal trial work and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He concentrates his practice on immigration matters, including motions to reconsider, family-based petitions, deportation defense, and naturalization. Alongside Of Counsel attorneys engaged through Excella, Mr. Sris brings over 120 years of combined legal experience to each case. Results may vary. Mr. Sris and his Of Counsel have documented 4,739+ case results since 1997.
Related immigration attorney resources: James City County immigration lawyer ? Williamsburg immigration lawyer ? Fairfax County immigration lawyer ? Fairfax City immigration lawyer
Primary sources: U.S. Citizenship and Immigration Services ? Executive Office for Immigration Review ? Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.