Motion to Reconsider Lawyer Virginia Beach, VA
When the U.S. Citizenship and Immigration Services (USCIS), an immigration judge, or the Board of Immigration Appeals issues an unfavorable decision on your immigration matter, you may have the right to request that the decision be reviewed through a motion to reconsider. A motion to reconsider asks the adjudicating body to re‑examine its decision based on an error of law or fact that affected the outcome. For Virginia Beach residents, navigating this federal process often involves coordinating with USCIS offices in Fairfax and the Arlington Immigration Court while managing the procedural and evidentiary deadlines set by federal immigration law. Mr. Sris and the firm’s Of Counsel attorneys represent individuals and families in Virginia Beach and across the Commonwealth in immigration motions, including motions to reconsider. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Motion to Reconsider Means in Virginia Beach
A motion to reconsider is a request that the same immigration judge, USCIS officer, or appellate body that issued an adverse decision re‑evaluate it. Unlike a motion to reopen, which presents new facts, a motion to reconsider asserts that the initial decision was legally or factually incorrect based on the evidence already in the record. The motion must identify the specific error and explain why it changes the outcome. Virginia Beach residents pursuing such a motion will typically file with the Arlington Immigration Court if the case is in removal proceedings, or with the USCIS Washington Field Office in Fairfax for affirmative applications. The Richmond location of Law Offices Of SRIS, P.C. serves clients throughout the Virginia Beach area, including Sandbridge and Oceana.
Immigration motions are governed by federal law — primarily the Immigration and Nationality Act and regulations of the Executive Office for Immigration Review — not by Virginia state courts. This means that even though you are a Virginia Beach resident, your matter will be processed by federal agencies and immigration courts. Local knowledge of how the USCIS and the Arlington Immigration Court operate, including their filing practices and administrative expectations, is essential. Mr. Sris and the firm’s Of Counsel attorneys have experience appearing before these bodies and understand the framework for presenting a motion to reconsider effectively.
How Mr. Sris and His Of Counsel Handle Motion to Reconsider Cases
When you engage the firm to assist with a motion to reconsider, Mr. Sris and his Of Counsel first review the adverse decision and the underlying record to identify whether a legal or factual error occurred. They then evaluate the likelihood that the motion will succeed and whether alternative relief, such as a motion to reopen or an appeal, may be more appropriate. Because a motion to reconsider must be filed within the time limits set by the applicable USCIS or EOIR regulation, prompt action is important. The firm helps you compile the necessary documentation and drafts the motion to clearly articulate the error and the relief sought.
If your case is in removal proceedings before the Arlington Immigration Court, the motion is filed with the immigration judge. For USCIS decisions, it is filed with the office that issued the denial. The firm handles communication with the adjudicating body and can appear at any hearing that results. Throughout the process, Mr. Sris and the firm’s Of Counsel attorneys work to present your position clearly and persuasively, while advising you on the procedural requirements so you understand each step. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced immigration law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates part of his practice on immigration matters for families and individuals. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is supported by the firm’s Of Counsel attorneys, who bring additional experience in immigration and related areas. Together, Mr. Sris and his Of Counsel provide extensive combined legal experience in immigration motions and other federal proceedings.
The firm’s Richmond location serves Virginia Beach residents and appears at the Arlington Immigration Court and before USCIS in Fairfax. To discuss your immigration matter, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider asks the immigration judge or USCIS to re‑evaluate a decision based on an error of law or fact that affected the outcome. The motion must be filed within the applicable time limits set by immigration regulations for the proceeding type. It cannot introduce new evidence; it argues that the existing record was misinterpreted or the law misapplied. Successful motions can lead to a decision being reversed or vacated. Because the standard is narrow, careful legal analysis of the original decision is necessary. To discuss your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How is a motion to reconsider different from a motion to reopen?
A motion to reconsider challenges the correctness of the original decision based on the existing record; a motion to reopen asks the court or agency to consider new, material facts that were not previously available. A motion to reopen must be filed within the applicable time limits (with limited exceptions) and must present evidence that would likely change the outcome. A motion to reconsider does not rely on new evidence but instead asserts legal or factual error. Both motions are time‑sensitive, and choosing the wrong procedural vehicle can result in denial. An experienced immigration attorney can help determine which motion best fits your circumstances.
What are the possible outcomes of a motion to reconsider?
If a motion to reconsider is granted, the original decision may be reversed, vacated, or the case may be reopened for further proceedings. The adjudicating body can simply correct the error and issue a new favorable decision without a new hearing. In some cases, it may schedule a hearing to take additional argument. If the motion is denied, the original decision stands, and the applicant may need to pursue an appeal to the Board of Immigration Appeals or a federal circuit court where jurisdiction and timing rules permit. Each outcome depends on the specific facts and the nature of the error alleged.
Can I file a motion to reconsider on my own without an attorney?
You are not required to have an attorney to file a motion to reconsider, but legal representation can help you identify the correct legal error and draft a persuasive motion that meets the procedural and substantive standards. Immigration motions are technical; a motion that fails to state a proper ground for reconsideration or misses the filing deadline will be denied. Mr. Sris and his Of Counsel have experience evaluating decisions for appealable errors. For guidance, reach the firm at (888) 437‑7747.
How long does it take for a motion to reconsider to be decided?
The timeline for a decision on a motion to reconsider depends on the adjudicating body’s calendar and the complexity of the matter. USCIS may take several months to adjudicate a motion; the immigration court’s schedule varies. In some cases, the filing of a motion can stay removal while the motion is pending, depending on the facts and whether a stay is requested and granted. Because processing times are not fixed, it is important to file the motion promptly and to monitor the status with the appropriate agency.
What if my motion to reconsider is denied?
If your motion to reconsider is denied, you may have the right to appeal the denial to the Board of Immigration Appeals or, in limited circumstances, to a federal circuit court. Appeal deadlines are typically 30 days from the date of the denial. You may also consider whether a different form of relief, such as a motion to reopen with new evidence, is available. An attorney can review the denial decision to determine whether an appeal is viable. For a consultation concerning your immigration matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Does the firm handle other immigration motions besides reconsideration?
Yes, Mr. Sris and his Of Counsel handle a range of immigration motions, including motions to reopen, motions to change venue, and motions for bond redetermination, among others. The firm also represents clients in adjustment of status, family‑based petitions, naturalization, deportation defense, asylum, and cancellation of removal. Virginia Beach residents are served from the firm’s Richmond location. To discuss your needs, call (888) 437‑7747.
Additional relevant pages: Fairfax County Immigration Lawyer | Fairfax City Immigration Lawyer | Falls Church Immigration Lawyer | Prince William County Immigration Lawyer | Manassas Immigration Lawyer
Outbound primary‑source authority: U.S. Citizenship and Immigration Services | Executive Office for Immigration Review | Virginia Courts
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