Motion to Reconsider Lawyer James City County, VA
Receiving an unfavorable decision from U.S. Citizenship and Immigration Services (USCIS), an Immigration Judge, or the Board of Immigration Appeals can feel like a final setback. However, a motion to reconsider offers a procedural path to ask the same authority that issued the decision to review it again, based on an error of law or fact in the original ruling. For residents of James City County, Virginia, securing experienced legal guidance for a motion to reconsider can be critical—the standards are strict, deadlines apply, and the motion must identify a specific legal or factual mistake. Law Offices Of SRIS, P.C. assists individuals and families throughout James City County with immigration motions, including motions to reconsider. To discuss your situation, reach our Richmond location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is a Motion to Reconsider in Immigration?
A motion to reconsider is a formal request asking USCIS, the Immigration Court (Executive Office for Immigration Review, or EOIR), or the Board of Immigration Appeals to reexamine its own decision. It must be based on an error of law or fact in the prior decision—it is not an opportunity to submit new evidence or raise arguments that could have been made earlier. The motion must specify the errors with particularity and show that the decision would have been different had the errors not occurred.
For immigration matters originating in James City County, the filing venue depends on the type of proceeding. Affirmative applications, including motions related to benefit denials, are generally handled by the USCIS Washington Field Office in Fairfax, Virginia. If removal proceedings are involved, the motion may be directed to the Arlington Immigration Court, which handles removal cases for this region. Because procedural rules vary between USCIS and EOIR, an attorney’s familiarity with each forum helps ensure the motion is properly drafted and timely filed.
Frequently Asked Questions
What is a motion to reconsider in immigration court?
A motion to reconsider asks an immigration judge, the Board of Immigration Appeals, or USCIS to review a decision based on a claimed legal or factual error. It must point to a specific mistake in the prior ruling—disagreeing with the outcome is not enough. Motions to reconsider are governed by strict filing deadlines and procedural requirements, and they do not automatically stay removal orders or other enforcement actions while pending.
When can I file a motion to reconsider an immigration decision?
Generally, a motion to reconsider must be filed within a strict deadline of the decision being served, though the exact deadline depends on the issuing body and the type of case. USCIS, the immigration court, and the Board of Immigration Appeals each have their own timing rules. Missing the deadline usually results in the motion being rejected unless a regulatory exception applies. Consulting an attorney promptly after an adverse decision helps you meet these deadlines.
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 wrong based on what was already in the record. A motion to reopen, by contrast, asks the court or agency to hear new facts or evidence that were not available at the time of the original hearing. Both are time-sensitive and have distinct legal standards. Sometimes the two motions are filed together, but they remain separate requests with different grounds for relief.
How long does it take for USCIS or the immigration court to rule on a motion to reconsider?
Processing times vary widely. USCIS generally takes several months to adjudicate a motion, while the immigration court or Board of Immigration Appeals may take a year or more, depending on their docket. For James City County residents, removal proceedings are heard at the Arlington Immigration Court, where cases often take two to four years overall due to heavy caseloads. Filing a motion does not pause the underlying case unless a stay is granted separately.
What happens if my motion to reconsider is denied?
If the motion is denied, the original decision stands. You may have the right to appeal to a higher authority, such as the Board of Immigration Appeals or a federal circuit court, but strict deadlines apply. The denial of a motion to reconsider can also affect future applications and your ability to file additional motions. An immigration attorney can evaluate whether an appeal or alternative strategy is appropriate after a denial.
Can I file a motion to reconsider on my own, or do I need a lawyer?
You are permitted to file pro se, but immigration motions are technical and require precise legal argument. A motion that simply restates the original case or fails to cite the specific error is likely to be denied. An experienced immigration attorney can identify viable grounds for reconsideration, draft the motion in compliance with all procedural rules, and present persuasive legal reasoning. For James City County residents, Law Offices Of SRIS, P.C. offers guidance on whether a motion to reconsider is appropriate in your situation.
What documents do I need to support a motion to reconsider?
Because reconsideration is based on errors in the existing record, you typically do not submit new evidence. Instead, the motion itself must cite the portions of the administrative record or decision that you believe are erroneous, supported by relevant statutes, regulations, or case law. An attorney will assemble the record, identify the legal or factual mistakes, and draft a memorandum of law explaining why the decision should be reversed.
How does filing a motion to reconsider affect my removal proceedings or immigration status?
Filing a motion to reconsider does not automatically stop removal or other adverse actions. You may need to separately request a stay of removal. While the motion is pending, your immigration status remains unchanged, but time-sensitive relief options may continue to run. It is important to discuss with an attorney whether the motion might affect eligibility for other forms of relief or trigger deadlines in your case.
Where are the immigration courts that handle cases for James City County residents?
James City County residents’ affirmative immigration applications are processed at the USCIS Washington District Office in Fairfax. Removal proceedings are heard at the Arlington Immigration Court, located at 1901 South Bell Street, Arlington, Virginia. Motions related to removal orders may also be directed to the Sterling Immigration Court or the Board of Immigration Appeals, depending on the procedural posture. Law Offices Of SRIS, P.C. handles motions before each of these bodies.
What are the filing fees for a motion to reconsider?
USCIS typically charges a filing fee for motions, such as the fee for Form I-290B (Notice of Appeal or Motion). Fee amounts are set by USCIS regulation and are subject to periodic change. The immigration court and Board of Immigration Appeals have their own fee or fee-waiver procedures. Before filing, check the current fee schedule or consult our Richmond location for up-to-date information. In some situations, a fee waiver may be available for qualifying applicants.
How does Mr. Sris help with a motion to reconsider?
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., evaluates whether an adverse decision contains the kind of legal or factual error that can support reconsideration. Together with his Of Counsel team, he prepares motions that precisely identify the error, cite controlling law, and argue why the original decision must be set aside. Because immigration motions are fact-specific, Mr. Sris and his Of Counsel give individual case review to each matter, drawing on extensive experience in federal immigration practice.
How can I reach an immigration attorney in James City County?
To request a consultation about a motion to reconsider or any immigration matter, call Law Offices Of SRIS, P.C. at (888) 437-7747. Our Richmond location serves clients throughout James City County, including Williamsburg, Norge, Toano, and Lightfoot. Phones are answered 24 hours a day, and consultations are available by appointment. There is no walk-in service; all meetings are scheduled in advance.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he has substantial experience in federal administrative proceedings, including immigration matters before USCIS, the immigration courts, and the Board of Immigration Appeals. His Of Counsel team includes attorneys who handle immigration motions and family-based petitions, bringing a collective perspective that strengthens the firm’s motion practice. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, and the firm has documented over 4,739+ results. Results may vary.
Immigration Legal Services in Nearby Communities
Our firm also represents clients in neighboring Virginia localities. Learn more about our immigration practice in these areas: York County immigration lawyer · Williamsburg immigration lawyer · Fairfax County immigration lawyer
Primary-Source References
For official information and current forms, visit: U.S. Citizenship and Immigration Services (USCIS) · Executive Office for Immigration Review (EOIR) · Immigration and Nationality Act (8 U.S.C. § 1101)
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.