Motion to Reopen & Reconsider Lawyers – Get a Second Chance at Approval
Motion to Reopen & Reconsider Lawyers – Get a Second Chance at Approval
- Overturn a denied immigration benefit by presenting compelling new evidence.
- Identify procedural errors or significant changes in your circumstances.
- WARNING: Strict 90-day filing deadlines typically apply. Act immediately.
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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?
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
New, material evidence unavailable at the time of the original hearing.
Procedural Errors
Significant procedural errors that affected the case outcome.
Changed Circumstances
Changes in circumstances, such as changes in family or employment status.
Requirements & Limitations for a Motion to Reopen
To file a successful Motion to Reopen, it is essential to meet specific criteria and provide compelling evidence.
Key Requirements
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.
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 will not qualify.
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.
Favorable Ruling
Could lead to an overturned decision, granting relief such as residency, asylum, or other benefits.
If Denied
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.
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:
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.
Step-by-Step Motion to Reopen Process
Determine the Filing Deadline
- General Rule: A motion to reopen must be filed within 90 days of a final administrative order of removal.
- In Absentia Order: If ordered removed for missing a hearing, you generally have 180 days to file, provided you can show "exceptional circumstances."
- No Notice Exception: If you never received proper notice of the hearing, the motion can be filed at any time.
- Asylum Exception: If filing for asylum based on changed country conditions, there is no deadline if the evidence was not previously available.
Identify the Jurisdiction (Where to File)
- Immigration Court: File here if the last decision was made by an Immigration Judge (IJ).
- BIA: File here if the BIA previously reviewed your case or issued the final decision.
Prepare the Motion Documents
- Written Motion: Submit a written motion outlining the legal reasons for reopening.
- Supporting Evidence: The motion must be supported by affidavits, declarations, or other evidence demonstrating new facts or changed circumstances.
- Proposed Relief: Include the applications for relief you are seeking (e.g., green card, asylum application).
- Forms: EOIR-33/IC (Change of Address if necessary) and EOIR-28 (Notice of Entry of Appearance if represented by counsel).
Serve the Department of Homeland Security (DHS)
File with the Court and Include Proof of Service
- File the original motion, supporting documents, and a "Proof of Service" (documenting that you served DHS) with the appropriate court.
- Ensure the filing fee (if required) is included, or submit a Fee Waiver Request (Form EOIR-26A).
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.
Verify Experience
Check the lawyer's track record with motions to reopen, motions to reconsider, and immigration court proceedings.
Case Strategy
Discuss how they'll handle your specific situation, including timelines, potential complications, and their approach to gathering evidence.
Client Testimonials
Read reviews from clients they've helped successfully navigate the motion to reopen or reconsider process.
Transparent Fee Structure
Clarify all costs upfront, including attorney fees, filing fees, and any additional expenses throughout the process.
Why Choose Raju Law?
Integration of Legal Expertise and Client Commitment
Raju Law stands out by combining exceptional legal knowledge with a strong focus on client success.
Comprehensive Advocacy
Our attorneys go beyond merely filing petitions; they act as advocates, strategists, and guides throughout the immigration process.
Client-Centered Approach
We prioritize your goals, ensuring every step aligns with your objectives.
Expert Navigation of Legal Complexities
Our team approaches each case with unwavering diligence to simplify and address the intricacies of immigration law.