Motion to Reconsider Lawyer Poquoson, VA

When an immigration decision does not go as expected, a motion to reconsider can be a critical procedural step. Law Offices Of SRIS, P.C., practicing since 1997, represents Poquoson, Virginia residents in immigration matters, including motions to reconsider before USCIS, the Immigration Court (EOIR), and the Board of Immigration Appeals. A motion to reconsider asks the same adjudicator to review a decision based on an error of law or fact. The process demands a thorough understanding of the applicable regulations and the ability to identify the specific mistake in the prior ruling. Mr. Sris and his Of Counsel focus on preparing motions that are precise, well-supported, and filed within the strict time limits. For guidance on your situation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Direct Answer: What Is a Motion to Reconsider in Immigration?

A motion to reconsider is a request made to the immigration authority that issued an unfavorable decision—such as a denial of an application or an order of removal—to review that decision for an error of law or fact. Unlike a motion to reopen, which introduces new evidence, a motion to reconsider argues that the decision was incorrect based on the record that was already before the adjudicator. The motion must identify the specific error and explain how it affected the outcome. In removal proceedings at the Arlington Immigration Court, which handles cases for Poquoson residents, a motion to reconsider is governed by the Immigration and Nationality Act and EOIR regulations. A successful motion can result in the decision being vacated or modified without the need for a full appeal to the Board of Immigration Appeals.

How Mr. Sris and His Of Counsel Handle Motions to Reconsider

When a client receives an adverse immigration decision, Mr. Sris and his Of Counsel first evaluate whether the decision contains a legal or factual error that can support a motion to reconsider. This assessment includes a careful review of the decision, the administrative record, and the applicable law. The team identifies whether the adjudicator misapplied a statute, overlooked relevant evidence, or made a factual finding that was clearly erroneous. Once a viable ground is identified, the motion is drafted to address the error directly and persuasively, with citations to the governing regulations and case law. Because deadlines for filing are strict—generally within 30 days of the decision for immigration court cases—prompt action is essential. The firm works to ensure the motion is complete and filed in a timely manner. Throughout the process, Mr. Sris and his Of Counsel keep the client informed about the status of the motion and any response from the government.

Frequently Asked Questions

What is the difference between a motion to reconsider and a motion to reopen?

A motion to reconsider argues that the decision was legally or factually incorrect based on the existing record, while a motion to reopen seeks to present new evidence that was not available at the time of the original decision. Motions to reconsider do not allow the submission of new facts; they are confined to the record already before the immigration judge or USCIS officer. In contrast, a motion to reopen must be supported by new, material evidence that could change the outcome. Both motions have strict deadlines and must be filed with the same office that issued the decision. Choosing the correct type of motion is critical, and an attorney can help determine which option fits your case.

When must a motion to reconsider be filed?

A motion to reconsider must be filed within the time limit set by the applicable immigration authority, which is generally 30 days from the date of the decision for immigration court cases. For USCIS decisions, the filing deadline may be 30 days from the date of the denial, but it is important to check the specific notice you received. Deadlines are jurisdictional—if the motion is filed late, it may be rejected without consideration of the merits. Because the timeframe is short, it is advisable to contact an attorney as soon as possible after receiving an unfavorable decision to allow time to prepare a thorough motion.

What happens after a motion to reconsider is filed?

After filing, the immigration judge or USCIS officer reviews the motion and the opposition, if any, and then issues a decision granting or denying the motion. The government typically has an opportunity to respond. If the motion is granted, the original decision is vacated, and the case may be reopened for further proceedings or a new decision may be issued in your favor. If the motion is denied, you may have the right to appeal that denial to a higher authority, such as the Board of Immigration Appeals. Processing times vary depending on the court or agency’s workload and the complexity of the case.

What are common grounds for a motion to reconsider?

Common grounds include a misapplication of the law, a failure to consider material evidence in the record, or a factual finding that is not supported by the record. For example, if an immigration judge denied an asylum application based on an incorrect interpretation of the legal standard, a motion to reconsider could argue that the judge applied the wrong test. Similarly, if USCIS denied a visa petition by overlooking a key document that was in the file, that could be a ground. The motion must identify the specific error, not simply disagree with the outcome.

Can a motion to reconsider stop deportation?

Filing a motion to reconsider may stay the execution of a removal order if the motion is filed before the deadline and requests a stay, but it does not automatically stop deportation. In removal proceedings, an order of removal becomes final when issued by the immigration judge, and the Department of Homeland Security may act on it unless a stay is granted. A motion to reconsider filed with the immigration court can include a request for a stay of removal. The judge has discretion to grant or deny the stay. Because the stakes are high, it is important to have an experienced attorney prepare the motion and stay request.

What is the role of the Arlington Immigration Court for Poquoson residents?

Poquoson residents in removal proceedings appear before the Arlington Immigration Court, located at 1901 South Bell Street in Arlington, Virginia. This court handles deportation defense cases for individuals living in the Poquoson area and throughout central and eastern Virginia. Motions to reconsider in these cases are filed with the Arlington Immigration Court. The judges at the Arlington court follow the procedural rules set by the Executive Office for Immigration Review. Mr. Sris and his Of Counsel are familiar with the local practice and filing requirements at this court.

Do I need a lawyer to file a motion to reconsider?

You are not required to have a lawyer, but motions to reconsider involve complex legal arguments and strict procedural rules, so having an experienced attorney greatly improves the chances of a successful outcome. Immigration law is highly technical, and a motion that fails to properly identify an error or meet the filing requirements may be denied without a hearing. An attorney can analyze the decision, research the law, and draft a motion that addresses the specific grounds for reconsideration. Mr. Sris and his Of Counsel can help evaluate whether a motion is appropriate and, if so, prepare and file it on your behalf.

How much does it cost to hire an attorney for a motion to reconsider?

Attorney fees for a motion to reconsider vary depending on the complexity of the case and the time required to prepare the motion. The firm charges fees based on the specific work involved, not a flat rate for all motions. During an initial consultation, we can discuss the potential costs and provide a clear fee agreement. Government filing fees for the motion itself are generally separate. Contact our firm at (888) 437-7747 to schedule a consultation and receive more detailed information about fees for your situation.

What is the success rate for motions to reconsider?

Outcomes vary widely based on the strength of the arguments, the quality of the record, and the adjudicator’s assessment. Because each case is unique, no percentage can be quoted that would accurately predict your chances. Mr. Sris and his Of Counsel work to identify the most compelling errors and draft motions that give the adjudicator a clear basis for granting reconsideration. Our documented case results across all practice areas include matters resolved favorably, though prior results do not guarantee a similar outcome. Results may vary.

What if the motion to reconsider is denied?

If a motion to reconsider is denied, you may have the right to appeal to the Board of Immigration Appeals, depending on the type of decision and the court or agency that issued it. For immigration court decisions, an appeal to the BIA must be filed within the applicable deadline. For USCIS decisions, the appeal process depends on the type of application; some denials can be appealed to the Administrative Appeals Office. If appeal options are limited, other forms of relief may still be available. An attorney can help you evaluate the next steps after a denial.

How does Law Offices Of SRIS, P.C. Approach motions to reconsider?

The firm focuses on thorough case analysis, precise legal drafting, and meeting all procedural requirements. Mr. Sris and his Of Counsel begin by reviewing the decision and the entire record to identify one or more errors of law or fact. The motion is then drafted to address those errors head-on with citations to statutes, regulations, and binding case law. Every motion is tailored to the specific facts of the case, not a template. The firm also monitors the motion’s progress and responds promptly to any requests for additional information from the court or agency. For a consultation about your motion, call (888) 437-7747.

About Mr. Sris and His Of Counsel

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced immigration law since the firm’s founding in 1997. His background as a former prosecutor gives him insight into how government attorneys evaluate motions and appeals. Together with his Of Counsel, Mr. Sris brings extensive combined legal experience to each immigration matter. The firm’s attorneys are admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel have documented case results across multiple practice areas. Results may vary. Contact our firm at (888) 437-7747 to discuss your motion to reconsider.

For additional information on Virginia immigration resources, visit the Virginia Judicial System and the Virginia Code. These government sites offer access to court information and statutory law relevant to immigration matters as they intersect with state proceedings.

Our firm also represents clients in other Virginia localities: Fairfax County, Fairfax City, Falls Church, Prince William County, and Manassas.

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.