Motion to Reopen Lawyer New York, NY
You received a denial from USCIS on your adjustment-of-status application, or the immigration judge ordered you removed after you missed a court date you never knew about. Now you face an uncertain future. A motion to reopen may allow you to present new facts, correct procedural errors, or give you a second chance to be heard. In New York, NY, Law Offices Of SRIS, P.C. helps individuals and families file motions to reopen before the Immigration Court, the Board of Immigration Appeals, and USCIS. Mr. Sris and the firm’s Of Counsel attorneys work with residents of all five boroughs and the surrounding region. To discuss your options, reach the firm at (888) 437-7747.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Motion to Reopen Means for Your Immigration Case in New York, NY
A motion to reopen is a request to an immigration agency or court to reconsider a prior decision based on new facts or evidence that were not available at the time of the original proceeding. It is not a second appeal; it requires a showing that the new evidence is material and was not previously available. In the New York City area, these motions are handled by several venues. Removal proceedings are heard at the New York Immigration Court, located at 26 Federal Plaza in Manhattan, with additional dockets at the Varick Street Immigration Court. USCIS applications, including motions to reopen certain visa petitions, are processed at the New York City Field Office at 26 Federal Plaza. The Board of Immigration Appeals, located in Falls Church, Virginia, reviews decisions from immigration judges nationwide, including those in New York. Because different rules and timelines apply depending on where and why a motion is filed, legal guidance can help ensure the right arguments are made in the right forum.
In New York, the immigration courts handle a substantial volume of cases, and dockets can be heavily scheduled. Local practice often requires that motions are supported by affidavits, police or medical records, country-condition reports, or other documentation that directly addresses the eligibility issues at stake. The firm’s familiarity with the expectations of the New York Immigration Court and the local USCIS district office helps clients prepare complete filings that meet procedural requirements. Whether a case involves family-based petitions, asylum, cancellation of removal, or reopening a removal order issued in absentia, having counsel who understands the local procedural landscape and the federal statutory framework is important.
How Mr. Sris and His Of Counsel Handle Motion to Reopen Cases
Mr. Sris and the firm’s Of Counsel attorneys begin by evaluating the specific reason the prior decision was made and identifying what new evidence can be presented. Many motions to reopen rest on affidavits from relatives, newly available country conditions, or documentation that a hearing notice was not properly served. The firm reviews the full record, explains to the client whether a motion is likely to succeed, and outlines the practical next steps. If the motion involves a removal order, they assess whether the client qualifies for any form of relief that could be sought if reopening is granted, such as adjustment of status, asylum, or cancellation of removal.
The process typically involves gathering new evidence, preparing a legal memorandum explaining why the prior decision should be reconsidered, and filing the motion with the correct tribunal. Depending on the forum—USCIS, the immigration judge, or the BIA—different filing requirements and time limits apply. Mr. Sris and his Of Counsel handle all aspects of drafting and submission, and they remain available to the client throughout the adjudication period. They appear at any hearings that result from a granted motion and continue to represent the client through the renewed proceedings. The firm’s goal is to present a thorough, well-supported request that gives the adjudicator a clear basis to reopen and allow the case to proceed on its merits.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he has practiced since 1997. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to immigration matters. The firm’s Of Counsel attorneys are independent, non-employee lawyers who contribute to the firm’s work on behalf of clients. Together, Mr. Sris and his Of Counsel have helped individuals and families across New York navigate motions to reopen and other immigration proceedings. Results may vary.
The firm’s New York location, by appointment, is in Buffalo, but Mr. Sris and the firm’s Of Counsel attorneys serve clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Nassau and Suffolk Counties. Phone consultations are available, and the firm can be reached at (888) 437-7747.
Frequently Asked Questions
What exactly is a motion to reopen in immigration law?
A motion to reopen is a formal request asking USCIS, the immigration court, or the Board of Immigration Appeals to review a prior decision based on new facts or evidence that were not previously considered. It is not a re-argument of the same evidence; it must present something new that could change the outcome. Common grounds include newly discovered country conditions, previously unavailable medical records, or evidence that the respondent did not receive proper notice of a hearing.
When can I file a motion to reopen, and what are the deadlines?
Generally, a motion to reopen must be filed within a specific time frame set by immigration regulations, and the deadline depends on the type of case and the reason for reopening. Missing the applicable deadline can result in the motion being denied. Because the rules differ depending on whether the prior decision was from an immigration judge, the BIA, or USCIS, and because certain grounds for reopening, such as changed country conditions for asylum seekers, may have different time limits, it is important to discuss the particular facts of your case with an attorney who can calculate the correct filing window.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen asks the adjudicator to look at new facts, while a motion to reconsider argues that the original decision was legally or factually incorrect based on the evidence already in the record. A motion to reconsider does not rely on new evidence; it asserts a mistake of law or fact in the prior ruling. Both motions are often filed simultaneously if circumstances warrant, but they are distinct legal requests with different procedural rules.
Do I need a lawyer to file a motion to reopen in New York?
You are not legally required to hire a lawyer to file a motion to reopen, but an attorney can evaluate whether your motion has a sufficient legal and factual basis and can prepare the necessary supporting documentation. Motions must be carefully drafted and supported by evidence; a poorly prepared motion can be denied, and depending on your case, a denied motion may affect your ability to seek relief later. Mr. Sris and his Of Counsel handle the full motion-to-reopen process for New York clients.
How do I find a motion to reopen lawyer in New York, NY?
You can reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation about filing a motion to reopen with USCIS, the New York Immigration Court, or the BIA. Mr. Sris and the firm’s Of Counsel attorneys accept immigration cases from residents of New York County and the surrounding boroughs. The firm will review the circumstances of your denial and advise whether a motion to reopen is likely to succeed before you decide to move forward.
Can I file a motion to reopen if I was ordered removed in absentia?
Yes, an in absentia removal order can be challenged through a motion to reopen, but the motion must demonstrate that you did not receive proper notice of the hearing or that exceptional circumstances prevented your appearance. Evidence such as mail delivery records, proof of a change of address filed with the court, or documentation of a medical emergency may be required. The firm can help gather and present the necessary proof to support a motion to rescind an in absentia order.
New York County (Manhattan) immigration lawyer |
Kings County (Brooklyn) immigration lawyer |
Queens County (Queens) immigration lawyer
Primary sources: USCIS Form I-290B: Notice of Appeal or Motion |
Executive Office for Immigration Review |
New York City Criminal Court
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