Motion to Reopen/Reconsider

Motion to Reopen, Explained

A Motion to Reopen is a formal application to the concerned immigration authority  to have a case re-evaluated due to new evidence, changed circumstances, or errors in the original proceedings. This motion can be filed after an immigration authority or court decision has been made and it allows individuals to present additional facts that may impact their case outcome. This service can help overturn, even a decision of denial of an immigration benefit. At Raju Law, we guide clients through the complex process of filing and arguing a Motion to Reopen, ensuring that all relevant evidence is included and presented effectively.

When Can One File a Motion to Reopen?

Filing a Motion to Reopen is appropriate in cases where new facts or evidence have come to light, or when there is reason to believe that the original decision was made without consideration of all relevant information. Common reasons for filing include:

• New, material evidence unavailable at the time of the original hearing
• Significant procedural errors that affected the case outcome
• Changes in circumstances, such as changes in family or employment status

Requirements for a Motion to Reopen

To file a successful Motion to Reopen, it is essential to meet specific criteria and provide compelling evidence. Requirements typically include:

• A detailed explanation of the new facts or evidence
• Any necessary supporting documents, affidavits, or statements
• Filing within the time frame set by immigration or court regulations, generally within 90 days of the decision

Our attorneys help clients build a strong case by gathering, organizing, and presenting new information clearly and persuasively.

Outcomes of a Motion to Reopen

A granted Motion to Reopen allows the court or immigration body to reconsider the case with the new evidence presented. Outcomes vary depending on the strength of the new evidence and other legal factors:

• A favorable ruling could lead to an overturned decision, granting relief such as residency, asylum, or other benefits.
• In cases where the motion is denied, further legal options may still be available, including appeals.

Our experienced team is dedicated to maximizing favorable outcomes and advising on subsequent steps, if necessary.

Motion to Reopen Limitations

Certain limitations apply to Motions to Reopen, and not all cases qualify. Common limitations include:

• Strict filing deadlines (typically 90 days from the decision date)
• Cases where the new evidence is deemed immaterial or irrelevant
• Situations where previous denials of similar motions affect eligibility

Our team provides an honest assessment of each case’s potential and guides clients through eligibility criteria.

How Raju Law Firm Can Help

Filing a Motion to Reopen requires a strategic approach, and Raju Law is here to help. Our attorneys assess the validity of new evidence, ensure compliance with legal requirements, and advocate for the reconsideration of your case. We aim to provide clients with the best chance at a successful reopening, empowering them to pursue a fair outcome in the face of changed circumstances or procedural errors.