A motion to reopen in immigration court allows you to ask the judge or Board of Immigration Appeals to revisit a prior removal order based on new facts or changed circumstances. Under INA § 1229a(c)(7) (8 U.S.C. § 1229a(c)(7)), Law Offices Of SRIS, P.C. has extensive criminal defense experience and assists Nassau County residents with these complex filings.
Motion to Reopen Lawyer Nassau County, New York
A motion to reopen is a procedural request governed by the Immigration and Nationality Act (INA) at 8 U.S.C. § 1229a(c)(7). This statute permits noncitizens to ask the immigration court or the Board of Immigration Appeals (BIA) to reopen a removal proceeding based on new, material evidence that was not available at the time of the original hearing. The motion must demonstrate prima facie eligibility for the underlying relief, such as asylum, cancellation of removal, or adjustment of status. Filing deadlines are strict: you generally have 90 days from the final administrative order of removal, though exceptions exist for asylum claims based on changed country conditions, joint motions, or ineffective assistance of counsel. For Nassau County residents, removal proceedings are typically heard at the New York Immigration Court at 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to every motion to reopen case.
Last verified: May 2026 | New York Immigration Court (26 Federal Plaza) | New York State Legislature — official site
For the full text of the motion to reopen statute, see INA § 1229a(c)(7) (USCIS — official site). For procedural rules governing motions before the immigration court, refer to 8 C.F.R. § 1003.23 (EOIR — official site).
In the New York Immigration Court, prosecutors routinely oppose motions to reopen by arguing that the evidence is not new or material. We have observed that judges closely scrutinize whether the movant could have reasonably obtained the evidence before the original hearing. Filing a complete, well-supported motion with a clear legal argument is critical to success.
- Gather all new, material evidence that was not available at your original hearing.
- Draft a written motion to reopen citing INA § 1229a(c)(7) and demonstrating prima facie eligibility for relief.
- File the motion with the New York Immigration Court or BIA within 90 days of the final removal order.
- Request a stay of removal if deportation is imminent.
- Await a decision, which may take 6 to 18 months depending on court backlogs.
- If denied, consider an appeal to the BIA or a petition for review with the Second Circuit Court of Appeals.
In Nassau County, New York, a motion to reopen is a procedural filing in immigration court; the penalty for failing to file a timely motion is the loss of the right to challenge a removal order, which can result in deportation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to file timely motion to reopen | Procedural bar | N/A | N/A | N/A | Loss of right to challenge removal order; deportation may proceed |
| Denial of motion to reopen | Final order | N/A | N/A | N/A | Removal order becomes final; appeal to BIA or Second Circuit may be available |
Results may vary.
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%. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has handled numerous immigration matters, including motions to reopen, for clients in Nassau County and throughout New York. Mr. Sris personally oversees each case, ensuring strategic advocacy and attention to procedural detail.
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Nassau County and throughout New York. Firm-wide, SRIS has handled 4,739+ documented case results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. Results may vary.
Our location in Buffalo, New York, is approximately 400 miles from the New York Immigration Court at 26 Federal Plaza, Manhattan, with access via I-90 (New York State Thruway) and I-495 (Long Island Expressway). We serve as a motion to reopen lawyer near me Nassau County for residents of Mineola, Garden City, Hempstead, Long Beach, Valley Stream, Hicksville, Levittown, Freeport, Rockville Centre, Glen Cove, Oyster Bay, Great Neck, Massapequa, and Syosset. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Phone: (838) 292-0003 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Motion to Reopen in Nassau County
Where is the immigration court for Nassau County, New York?
Removal proceedings for Nassau County residents are heard at the New York Immigration Court at 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. USCIS NYC Field Office at 26 Federal Plaza handles affirmative applications. NY has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS handles immigration for Nassau 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 reopen in immigration court?
A motion to reopen is a request to the immigration court or Board of Immigration Appeals to revisit a prior removal order based on new facts or changed circumstances. Under INA § 1229a(c)(7) (8 U.S.C. § 1229a(c)(7)), you must file within 90 days of the final order, unless an exception applies. The motion must demonstrate prima facie eligibility for relief.
How long does a motion to reopen take in New York?
Processing times for a motion to reopen at the New York Immigration Court or BIA vary significantly. Current backlogs mean decisions can take 6 to 18 months or longer. Emergency or stay requests may be expedited. Filing with complete evidence and legal arguments can reduce delays. SRIS monitors timelines closely for Nassau County clients.
Can I file a motion to reopen if I have a final removal order?
Yes, you can file a motion to reopen even after a final removal order. Under INA § 1229a(c)(7), you generally have 90 days from the final order to file. Exceptions exist for asylum claims based on changed country conditions, joint motions, or ineffective assistance of counsel. Filing outside the 90-day window requires a showing of exceptional circumstances.
What evidence do I need for a motion to reopen in Nassau County?
You need new, material evidence that was not available at the time of your original hearing. This may include affidavits, country condition reports, medical records, or proof of changed family circumstances. The evidence must demonstrate prima facie eligibility for the underlying relief. SRIS assists Nassau County clients in gathering and presenting this evidence to the New York Immigration Court.
How does a New York lawyer defend against immigration motion charges?
Defense strategies for immigration motion in New York may include challenging evidence, examining procedural compliance, negotiating with prosecutors, 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 immigration motion charges in New York?
If facing immigration motion charges in New York, 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 New York law require prompt action.
How does a New York lawyer defend against motion to reconsider charges?
Defense strategies for motion to reconsider in New York may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under the Immigration and Nationality Act to build the strongest possible defense.
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Last updated: 2026-05-02