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Immigration Post-Decision Actions

Motion to Reopen & Reconsider Lawyers – A Second Chance After a Denial or Removal Order

  • Ask USCIS, the Immigration Court, or the BIA to review your case again.
  • Highly time-sensitive — the right motion depends on who issued the decision.
  • We prepare strong legal arguments and file with the correct authority.
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Legal Definition

Motion to Reopen & Reconsider Explained

A Motion to Reopen asks the government or immigration judge to reopen a case because there are new facts or new evidence that were not previously available and could affect the outcome of the case.

A Motion to Reconsider asks the decision-maker to review the case again because the prior decision may have involved an error of law, an error of fact, or an incorrect application of immigration law.

Simple explanation: Motion to Reopen = new evidence changes the case. Motion to Reconsider = the earlier decision was legally or factually wrong.

Choosing the correct motion is important. Filing the wrong type of motion, missing the deadline, or submitting weak evidence can seriously harm the case.

When Can One File a Motion to Reopen?

A motion to reopen may be appropriate when important facts or evidence were not available during the original case. The evidence must usually be new, material, and previously unavailable.

When Can One File a Motion to Reconsider?

A motion to reconsider may be appropriate when the decision-maker made a legal or factual mistake based on the record that already existed.

This may include situations where USCIS, the Immigration Judge, or the BIA misunderstood the facts, applied the wrong legal standard, overlooked important arguments, or reached a conclusion that was not supported by the law.

A motion to reconsider is not usually based on new evidence. Instead, it focuses on why the original decision should be reviewed because of an error in the decision itself.

Deadlines

Important Filing Deadlines

The first step is always to review the denial date and denial notice. Delay can limit or eliminate available options. Deadlines are one of the most important parts of motion practice. The correct deadline depends on which agency issued the decision.

USCIS Decisions

For many USCIS denials, a motion or appeal filed on Form I-290B must generally be filed within 30 calendar days of the decision, or 33 calendar days if the decision was mailed. The denial notice should be reviewed immediately to confirm the exact deadline, fee, and filing location.

Immigration Court or BIA Decisions

For Immigration Court and BIA cases, the general deadline for a Motion to Reopen is usually 90 days from the final order or final administrative decision. A Motion to Reconsider is generally due within 30 days.

Possible exceptions may apply, including cases involving changed country conditions, lack of notice, certain in absentia orders, or ineffective assistance of counsel. However, exceptions are not automatic and must be supported by strong legal arguments and evidence.

Filing Criteria

Requirements & Common Reasons

A successful motion usually requires more than simply disagreeing with the decision. The filing must explain why the case legally qualifies for reopening or reconsideration.

Requirements

A strong motion may include:

A clear explanation of the prior decision.

The legal basis for reopening or reconsideration.

A deadline analysis.

A detailed legal brief.

Supporting evidence organized as exhibits.

Certified translations, where needed.

Proof of service, where required.

A request for stay of removal, where appropriate.

Common Reasons to File a Motion

A motion may be appropriate in cases involving new evidence that was unavailable before, changed country conditions in asylum-related cases, a removal order entered after a missed hearing, lack of proper hearing notice, ineffective assistance by prior counsel, errors in a USCIS denial, incorrect legal analysis by the Immigration Judge or BIA, fraud or misrepresentation findings that need to be addressed, new eligibility for immigration relief, or procedural errors that affected the outcome.

Every case is different. A motion must be carefully tailored to the facts, the record, the deadline, and the agency that issued the decision.

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Where to File

USCIS Motions vs. Immigration Court / BIA Motions

USCIS Motion

A USCIS motion is often filed using Form I-290B, depending on the type of decision. These motions are commonly used after USCIS denies certain petitions or applications. The deadline is often short, commonly 30 days or 33 days if mailed.

Immigration Court or BIA Motion

Immigration Court and BIA motions are usually written legal motions rather than USCIS form filings. These motions may involve final removal orders, missed hearings, appeals, or requests to reopen proceedings for new relief. Filing with the wrong authority or using the wrong procedure can result in denial.

Our Process

Our Motion to Reopen / Reconsider Process

1

Review the Decision

We review the denial notice, removal order, BIA decision, or court record to determine what happened and what deadlines apply.
2

Identify the Correct Filing Authority

We determine whether the motion should be filed with USCIS, the Immigration Court, or the BIA.
3

Evaluate the Legal Basis

We assess whether the case supports a motion to reopen, a motion to reconsider, or another legal option.
4

Gather and Review Evidence

We review documents carefully for consistency, relevance, translation issues, and possible fraud or misrepresentation concerns.
5

Prepare the Legal Motion

We prepare the motion, legal brief, supporting exhibits, declarations, and any required forms.
6

File and Serve the Motion

We file the motion with the proper authority and complete service requirements where applicable.
7

Plan Next Steps

If the motion is granted, the case may return to active processing or proceedings. If denied, we evaluate whether further legal action is available.
Next Steps

Possible Outcomes

If the Motion Is Granted

The prior decision may be reopened or reconsidered. The case may return to USCIS, Immigration Court, or the BIA for further review. In some cases, this may allow the person to pursue immigration relief again.

If the Motion Is Denied

The original decision generally remains in place. Depending on the case, there may still be options such as appeal, refiling, federal court review, prosecutorial discretion, or other immigration relief.

A motion is not a guarantee of approval, but a well-prepared motion can create an important opportunity to correct errors or present newly available evidence.

How to Choose

How to Choose a Motion to Reopen Lawyer?

When choosing an immigration lawyer for a motion to reopen or reconsider, consider these key factors to ensure the best outcome for your case.

1

Verify Experience

Check the lawyer's track record with motions to reopen, motions to reconsider, and immigration court proceedings.

2

Case Strategy

Discuss how they'll handle your specific situation, including timelines, potential complications, and their approach to gathering evidence.

3

Client Testimonials

Read reviews from clients they've helped successfully navigate the motion to reopen or reconsider process.

4

Transparent Fee Structure

Clarify all costs upfront, including attorney fees, filing fees, and any additional expenses throughout the process.

Why Choose Raju Law?

Focused Case Review

We do not treat motions as simple paperwork. We carefully review the decision, deadline, facts, and legal record before recommending a strategy.

Strong Legal Arguments

We prepare detailed legal arguments explaining why the case should be reopened or reconsidered under the applicable immigration rules.

Evidence-Based Strategy

We help clients organize new evidence, correct inconsistencies, prepare declarations, and address weaknesses in the prior record.

Experience With Complex Immigration Problems

Many motion cases involve prior denials, missed hearings, weak filings, fraud concerns, or urgent removal issues. Our team understands the seriousness of these matters and works to present the strongest available case.

Frequently Asked
Questions

Finding clarity in the complex U.S. immigration landscape.

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A motion to reopen is based on new facts or new evidence. A motion to reconsider is based on an argument that the earlier decision contained a legal or factual error.
For many USCIS decisions, the deadline is generally 30 calendar days, or 33 calendar days if the decision was mailed. The exact deadline should be confirmed from the denial notice.
A motion to reopen is generally due within 90 days of the final order or final administrative decision. A motion to reconsider is generally due within 30 days.
Sometimes. Exceptions may apply in limited situations, such as changed country conditions, lack of notice, certain in absentia orders, or ineffective assistance of counsel. Late filings require strong legal support.
Not always. In many cases, filing a motion does not automatically stop removal. A separate stay of removal may be needed if removal is imminent.
Possibly. These cases require careful review. A motion may need corrected documents, affidavits, legal explanations, and evidence showing that the issue was a mistake or was misunderstood.
No. Motions to reopen and reconsider are difficult filings. Success depends on the facts, evidence, deadline, legal basis, and discretion of the decision-maker.