Motion to Reopen Lawyer Wesley Heights, DC
If you or a loved one has received an unfavorable immigration decision and you believe new evidence or changed circumstances could alter the outcome, a motion to reopen may be the right procedural step. Law Offices Of SRIS, P.C., practicing since 1997, concentrates its practice on immigration matters including motions to reopen for residents of Wesley Heights and throughout the District of Columbia. Our attorneys are experienced in preparing and filing motions to reopen before the immigration court, the Board of Immigration Appeals (BIA), and U.S. Citizenship and Immigration Services (USCIS). Because the deadlines and evidentiary standards are strict, timely consultation with an immigration lawyer is critical. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is a Motion to Reopen in Immigration Proceedings?
A motion to reopen is a formal request asking the immigration court or the Board of Immigration Appeals to reconsider a prior decision based on new, material evidence that was not available at the time of the original hearing. It is not a second chance to argue the same facts or law; instead, it must present previously unavailable evidence that could change the outcome. Common grounds include newly discovered documentary proof of eligibility for relief, changed country conditions in removal cases, or ineffective assistance of prior counsel. Under the Immigration and Nationality Act, the motion must be filed within a specific statutory period—generally a fixed number of days from the final administrative decision—and must be supported by affidavits or other documentary evidence. Filing a motion to reopen is a technical process that requires careful attention to procedural rules, evidentiary standards, and the appropriate legal theory. For Wesley Heights residents appearing before the Arlington Immigration Court or handling matters with the USCIS Washington Field Office, having an attorney who understands local practice can help avoid procedural dismissal.
Frequently Asked Questions
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 reexamine a case based on new evidence or changed circumstances that were unavailable at the prior hearing. The motion must state the new facts to be proven at a reopened hearing and be supported by affidavits or other documentary evidence. It is governed by the Immigration and Nationality Act and the applicable regulations. If granted, the immigration judge or BIA will reconsider the underlying case on its merits. Because the standard is high, legal representation is important.
When can you file a motion to reopen?
A motion to reopen is generally subject to strict numerical and time limits set by federal immigration statutes and regulations. Typically, only one motion to reopen may be filed, and it must be submitted within a certain number of days after the final administrative order. Exceptions exist for motions based on changed country conditions, battered spouse or child circumstances, and certain other statutory grounds. Missing a deadline can result in the motion being rejected without consideration of the merits. An attorney can determine whether the motion is timely and which exceptions might apply.
How do you file a motion to reopen with the immigration court?
You must file the motion in writing with the appropriate immigration court or Board of Immigration Appeals, serving a copy on the Department of Homeland Security’s Chief Counsel. The motion must include a detailed statement of the new evidence, supporting affidavits, and any relevant legal argument. It should also comply with the court’s formatting and filing fee requirements, unless a fee waiver is granted. Proper service and documentation are critical. An experienced lawyer can draft and file the motion correctly to avoid procedural pitfalls.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen seeks to present new facts or evidence; a motion to reconsider asks the court to reevaluate its decision based on an alleged error of law or fact in the prior decision. The two are distinct procedural tools. A motion to reopen must be based on previously unavailable evidence, while a motion to reconsider argues that the previous ruling was legally or factually incorrect based on the record that existed at the time. Both have their own filing deadlines and standards. Choosing the wrong vehicle can lead to denial.
Can a motion to reopen stop deportation?
A properly filed motion to reopen may result in a stay of removal, but filing the motion does not automatically stop deportation. In many cases, you must also file a separate request for a stay of removal with the immigration court or BIA. Whether a stay is granted depends on the strength of the motion and the equities of the case. If removal is imminent, it is essential to act quickly. Calling (888) 437-7747 to speak with an attorney can help determine an appropriate $1 of action.
What happens after a motion to reopen is granted?
When the immigration court or BIA grants a motion to reopen, the original proceedings are reopened and the case proceeds as if no prior decision had been made. The immigrant will be given an opportunity to present the new evidence and argue the underlying claim for relief, such as cancellation of removal, adjustment of status, or asylum. The case may be set for a new hearing. The outcome then depends on the merits of the reopened case. Legal representation at this stage is crucial to present the evidence effectively.
Do I need a lawyer to file a motion to reopen?
You are not legally required to have an attorney, but motions to reopen are procedurally complex and subject to strict deadlines and evidentiary rules. Errors in filing can result in denial, even if the underlying case has merit. An experienced immigration attorney can evaluate the viability of a motion, gather the necessary evidence, and present a persuasive argument. For Wesley Heights residents, Mr. Sris and his Of Counsel can help navigate the process. Call (888) 437-7747 for a consultation.
What are the chances of winning a motion to reopen?
Success depends on the strength of the new evidence and whether all procedural requirements are met. Motions that present truly new, material evidence that could not have been discovered earlier have a better chance. The judge or BIA has significant discretion. While no attorney can guarantee a result, a well-prepared motion filed by an experienced lawyer can present the strong case. Results may vary.
How much do immigration lawyers charge for a motion to reopen?
Fees vary by case complexity, the amount of new evidence to gather, and the attorney’s experience. Some lawyers charge a flat fee, while others bill by the hour. It is important to discuss fees during an initial consultation. Law Offices Of SRIS, P.C. offers consultations by appointment and can discuss fee arrangements. Call (888) 437-7747 to request a consultation and learn about the costs associated with your case.
Where is the immigration court for DC?
Removal proceedings for DC residents are heard at the Arlington Immigration Court at 1901 S. Bell St, Arlington, VA 22202. Affirmative applications are processed at the USCIS Washington District Office, 2675 Prosperity Ave, Fairfax, VA 22031. Our firm serves Wesley Heights and all DC neighborhoods from our Arlington location. Call (888) 437-7747 to schedule a consultation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience in immigration law. He founded the firm in 1997 and has built a practice that spans five jurisdictions—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). Together with his Of Counsel, Mr. Sris brings extensive combined legal experience to immigration matters. The team serves Wesley Heights clients from its Arlington location. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Results may vary.
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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.