Motion to Reopen Lawyer Staten Island, New York
If you have received a removal order and need to file a motion to reopen in Staten Island, New York, Law Offices Of SRIS, P.C. can help. Under the Immigration and Nationality Act (8 U.S.C. § 1229a(c)(7)), a motion to reopen allows you to ask the immigration court to reconsider your case based on new facts or changed circumstances.
Understanding the Motion to Reopen Under Federal Immigration Law
A motion to reopen is a procedural request filed with the immigration court or the Board of Immigration Appeals (BIA) asking the court to revisit a prior removal order. Under INA § 240(c)(7) (8 U.S.C. § 1229a(c)(7)), you must generally file the motion within 90 days of the final administrative order. The motion must be supported by new facts or evidence that were not available at the time of the original hearing. Exceptions to the 90-day deadline exist for motions based on changed country conditions, asylum applications, or certain humanitarian circumstances. The court may also reopen proceedings sua sponte (on its own motion) under 8 C.F.R. § 1003.23. 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 | Richmond County Supreme Court | New York State Senate — official site
Official Government Resources for Immigration Law
For authoritative information on motions to reopen, consult these official government sources:
Insider Perspective on Filing a Motion to Reopen in New York
In the New York Immigration Court at 26 Federal Plaza, judges routinely scrutinize motions to reopen for timeliness and materiality. We have observed that the court places significant weight on whether the new evidence could have been discovered before the original hearing. A well-prepared motion must clearly demonstrate that the evidence is both new and material to the outcome of the case.
- Gather all new evidence, including country conditions reports, medical records, or affidavits from witnesses.
- Verify the filing deadline — generally 90 days from the final order under INA § 240(c)(7).
- Draft a motion that explains why the evidence was not available earlier and how it changes the outcome.
- File the motion with the correct court — the New York Immigration Court or the BIA.
- Serve a copy on DHS counsel and await a response.
- If the motion is denied, consider an appeal to the BIA or a petition for review in federal court.
In Staten Island, New York, a motion to reopen is a procedural request that does not carry a criminal penalty, but the consequences of a denied motion can include removal from the United States.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Removal Order (Final) | Civil immigration violation | Detention pending removal | N/A | N/A | Removal from the United States; 3-year, 10-year, or permanent bar on reentry |
| Failure to Depart | Civil violation | Detention possible | N/A | N/A | Ineligibility for certain forms of relief; accrual of unlawful presence |
| Aggravated Felony Conviction | Criminal (state/federal) | Varies by underlying crime | Varies | Varies | Mandatory detention; ineligibility for most forms of relief; expedited removal |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Motion to Reopen?
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%. Our firm has extensive experience handling immigration matters, including motions to reopen, for clients in Staten Island and throughout New York. We understand the procedural details of immigration court and work diligently to present the strongest possible case on your behalf.
Your Legal Team
Our Track Record
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. While specific case results for Staten Island are not listed, our firm-wide experience demonstrates a strong commitment to achieving positive outcomes for our clients. Results may vary. Case results depend on a variety of factors unique to each case.
Our Location and Service Area
Our location in Buffalo, NY is approximately 375 miles from the Richmond County Supreme Court at 18 Richmond Terrace, Staten Island, NY 10301, with access via I-278, Staten Island Expressway, and West Shore Expressway.
Motion to reopen lawyer near me Staten Island — We serve clients throughout Staten Island and the surrounding communities.
Serving the communities of: Staten Island (St. George, New Dorp, Tottenville, Great Kills, Stapleton, Port Richmond).
24/7 phone consultations — (888) 437-7747 | Local: (804)201-9009 — 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
Frequently Asked Questions About Motions to Reopen in Staten Island
Where is the immigration court for Richmond County (Staten Island), New York?
Removal proceedings for Staten Island 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. NY has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS handles immigration for Richmond County (Staten Island) residents. SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. The immigration court for Staten Island is located at 26 Federal Plaza in Manhattan.
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 reconsider a decision based on new facts or changed circumstances. Under INA § 240(c)(7) (8 U.S.C. § 1229a(c)(7)), you generally must file within 90 days of the final order, with exceptions for changed country conditions. A motion to reopen asks the court to reconsider your case based on new evidence.
How long does a motion to reopen take in New York?
Processing times vary. The immigration court in New York typically takes 6-18 months to adjudicate a motion to reopen. The Board of Immigration Appeals may take 12-24 months. USCIS processing for affirmative motions can take 8-14 months. Delays are common due to backlogs. Processing times range from 6 to 24 months depending on the court.
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. You must demonstrate new facts or evidence that were not available at the time of the original hearing. The 90-day filing deadline may be waived if you can show changed country conditions or exceptional circumstances. Yes, you can file a motion to reopen after a final removal order with new evidence.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen is based on new facts or evidence that were not previously available. A motion to reconsider argues that the court made an error of law or fact in its original decision. Both are governed by INA § 240(c) (8 U.S.C. § 1229a(c)) and must generally be filed within 30 days for reconsideration or 90 days for reopening. A motion to reopen uses new evidence; a motion to reconsider argues legal error.
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. A lawyer challenges evidence and procedural compliance to defend against immigration motions.
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 federal law require prompt action. Contact an immigration attorney immediately and preserve all evidence.
What is an affordable motion to reopen lawyer Staten Island?
An affordable motion to reopen lawyer Staten Island provides cost-effective legal representation for filing a motion to reopen with the immigration court. Law Offices Of SRIS, P.C. offers consultation by appointment and payment plans to help clients access quality legal services. An affordable motion to reopen lawyer offers cost-effective representation for Staten Island residents.
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Last updated: 2026-05-02 | This page is regularly reviewed for accuracy.
Attorney responsible for this advertising: Mr. Sris.
Case results depend on a variety of factors unique to each case.
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