A motion to reopen in Wyoming County, New York, is a legal request under INA 8 U.S.C. § 1229a(c)(7) to revisit a removal order based on new evidence or changed circumstances. Law Offices Of SRIS, P.C. has extensive criminal defense experience and 4,739+ firm-wide documented results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%.
Motion to Reopen Lawyer in Wyoming County, New York
Understanding the Motion to Reopen Under Federal Immigration Law
A motion to reopen is a procedural tool under the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1229a(c)(7), that allows an individual to ask the immigration court or the Board of Immigration Appeals (BIA) to reconsider a removal order. This motion is typically based on new facts that were not available at the time of the original hearing, such as changed country conditions, new family relationships, or evidence of ineffective assistance of counsel. The deadline for filing is generally 90 days from the final administrative order, though exceptions exist for asylum applications and withholding of removal claims. 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 | Wyoming County Supreme Court | New York State Legislature — official site
Official Legal References
For the full text of the motion to reopen statute, see INA 8 U.S.C. § 1229a(c)(7) (USCIS — official site). For procedural rules governing motions before the immigration courts, refer to Title 8 C.F.R. § 1003.23 (EOIR — official site).
Insider Perspective on Filing a Motion to Reopen in Wyoming County
In our experience defending immigration cases in New York, the immigration court at 26 Federal Plaza in Manhattan handles removal proceedings for Wyoming County residents. Prosecutors and government counsel routinely oppose motions to reopen, arguing that the evidence is not material or that the filing is untimely.
- Step 1: Identify the specific new evidence that was unavailable at your original hearing.
- Step 2: Determine whether you fall within the 90-day filing deadline or qualify for an exception under INA § 1229a(c)(7)(C).
- Step 3: Gather supporting documents, including affidavits, country condition reports, and any correspondence from prior counsel.
- Step 4: Draft a motion that clearly articulates why reopening is warranted under the law.
- Step 5: File the motion with the correct immigration court or BIA, and request a stay of removal if necessary.
- Step 6: Contact a motion to reopen lawyer near me Wyoming County to ensure your motion is properly prepared and filed.
In Wyoming County, New York, a motion to reopen is a procedural request in immigration court, not a criminal penalty. However, failure to file a timely motion can result in removal and a 10-year bar to reentry under INA § 212(a)(9)(B).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Removal Order (Final) | Civil immigration violation | Detention pending removal | N/A | N/A | 10-year bar to reentry; permanent inadmissibility |
| Failure to Depart | Civil violation | Up to 6 months detention | Up to $500 | N/A | Civil penalties; ineligibility for relief |
| Unlawful Reentry After Removal | Federal criminal offense (8 U.S.C. § 1326) | Up to 2 years (up to 10 years for aggravated felons) | Up to $250,000 | N/A | Permanent bar; criminal record |
Results may vary. Case results depend on a variety of factors unique to each case.
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., Advocacy Without Borders, 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 motions, including motions to reopen and motions to reconsider, for clients in Wyoming County and throughout New York. We understand the procedural nuances of the New York Immigration Court and the BIA, and we are committed to providing personalized, effective representation.
Your Motion to Reopen Attorney
Our Track Record
Law Offices Of SRIS, P.C. has extensive criminal defense experience and 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 Wyoming County are not listed, our firm-wide experience demonstrates our commitment to achieving favorable outcomes for our clients. Results may vary.
Our Location and Service Area
Our location in Buffalo, New York, is approximately 45 miles from the Wyoming County Supreme Court at 147 North Main Street, Warsaw, NY 14569, with access via I-90 (NYS Thruway) and Route 19. We serve the communities of Warsaw, Perry, Attica, Arcade, Pike, Castile, Gainesville, Java, Middlebury, Sheldon, and Wethersfield.
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 | Local: (838)-292-0003
By appointment only.
Frequently Asked Questions About Motions to Reopen in Wyoming County
Where is the immigration court for Wyoming County, New York?
Yes. Removal proceedings are heard at New York Immigration Court, 26 Federal Plaza, Manhattan, or Varick Street Immigration Court.
USCIS NYC Field Office at 26 Federal Plaza handles affirmative applications. New York has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS handles immigration for Wyoming County residents. SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. (Statute: Immigration and Nationality Act (8 U.S.C.); Court: Wyoming County Court)
What is a motion to reopen in immigration court?
It depends. A motion to reopen is a request to reconsider a removal order based on new facts.
Under INA 8 U.S.C. § 1229a(c)(7), you must file within 90 days of the final order, with exceptions for asylum claims. The motion must include new evidence that was not available at your original hearing. SRIS, P.C. can help you determine if you qualify.
How long does a motion to reopen take in New York?
Processing times vary from 6 months to 2+ years due to backlogs.
Emergency stays may be available. SRIS, P.C. monitors your case timeline and advocates for expedited review where possible. The New York Immigration Court at 26 Federal Plaza handles these motions.
Can I file a motion to reopen if I have a deportation order?
Yes. You can file a motion to reopen with the immigration court or BIA.
You need new evidence, changed country conditions, or ineffective assistance of counsel. The deadline is generally 90 days under INA 8 U.S.C. § 1229a(c)(7), but exceptions exist for asylum and withholding of removal.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen presents new facts; a motion to reconsider argues legal error.
Both are filed under INA 8 U.S.C. § 1229a(c)(6) and (7). SRIS, P.C. can advise which motion fits your case. Contact us at (888) 437-7747 for a consultation.
Related Practice Areas and Locations
Learn more about our immigration services: Family Green Card Lawyer Bronx (state-level hub).
Explore other locations we serve: Green Card Lawyer Orange County | Green Card Lawyer Madison County | K 3 Spouse Visa Lawyer Orange County | K 3 Spouse Visa Lawyer Warren County.
For an affordable motion to reopen lawyer Wyoming County, contact SRIS, P.C. today.
Last verified: May 2026 | Wyoming County Supreme Court | New York State Legislature
Case results depend on a variety of factors unique to each case. By appointment only.
Attorney responsible for this advertising: Mr. Sris.