Immigration Motion Lawyer York County, VA
When an immigration application is denied or a removal order is issued, filing a motion can be the procedural step that brings your case back before the decision-maker for further review. Law Offices Of SRIS, P.C. represents clients in York County who need to challenge an adverse immigration ruling through a motion to reopen, a motion to reconsider, or a motion to continue. Our firm handles immigration motions before the Arlington Immigration Court, the Board of Immigration Appeals, and U.S. Citizenship and Immigration Services. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., practices in immigration matters across Virginia, Maryland, the District of Columbia, New Jersey, and New York. To discuss filing an immigration motion in your case, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Immigration Motions Mean in York County
York County residents with immigration cases interact with federal agencies and courts that are located outside the county. Affirmative applications, such as adjustment of status or naturalization, are processed at the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax. When a case is in removal proceedings, it is heard at the Arlington Immigration Court at 1901 South Bell Street. Motions filed in these venues must comply with the procedural rules of the Executive Office for Immigration Review and the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.). The Ninth Judicial District, which includes the York County General District Court at 300 Ballard Street in Yorktown, does not hear federal immigration cases, but interactions with state courts can sometimes affect immigration proceedings, and it is important to coordinate any overlapping matters.
The communities of Yorktown, Grafton, Tabb, and Seaford are served by the firm’s Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395. Mr. Sris and his Of Counsel team provide counsel on the full spectrum of immigration motions, from responding to a Notice of Intent to Deny to filing a motion to reopen after an in absentia removal order. Understanding the specific procedural posture of each court—whether the USCIS Administrative Appeals Office, an immigration judge, or the Board of Immigration Appeals—is central to selecting the correct motion and preparing the supporting documentation. Motions are time-sensitive and fact-specific, and the applicable filing deadline depends on the type of decision and the issuing body.
How Mr. Sris and His Of Counsel Handle Immigration Motion Cases
A motion in immigration practice is a formal request asking an agency or court to take a specific action based on legal or factual grounds. A motion to reopen is based on new facts not previously available and must be supported by affidavits or other evidentiary documents. A motion to reconsider is based on an error of law or fact in the prior decision and must demonstrate that the decision was incorrect when it was made. Mr. Sris and his Of Counsel team begin by reviewing the underlying decision, the administrative record, and all prior filings to identify the proper basis for a motion. The strategy depends on whether the decision was issued by USCIS, an immigration judge, or the Board of Immigration Appeals, and on the specific legal standard that applies.
The process involves drafting a legally sufficient motion, preparing the supporting evidence package, and filing it within the jurisdictional deadline. For immigration court motions, this often means filing with the Arlington Immigration Court and serving the Department of Homeland Security. For Board of Immigration Appeals appeals, the briefing schedule and content requirements are governed by the Board’s practice manual. Throughout the process, Mr. Sris and his Of Counsel communicate with clients about what the motion can and cannot achieve, the likely timeline, and any parallel relief that may be available. In many cases, a motion is one part of a broader strategy that may include an application for cancellation of removal, asylum, adjustment of status, or voluntary departure. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His practice concentrates on immigration matters, including removal defense, family-based petitions, and motions before the immigration court and the Board of Immigration Appeals. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is supported by his Of Counsel team, which includes attorneys with backgrounds in immigration, criminal defense, and family law. The Of Counsel attorneys are non-employee professionals who work collaboratively on case strategy, document preparation, and court appearances. For immigration motion cases, the firm’s collective experience allows comprehensive review of the immigration history and identification of procedural or legal errors that may form the basis for a successful motion. Law Offices Of SRIS, P.C. has documented case results across multiple practice areas. Results may vary.
Frequently Asked Questions
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen introduces new evidence that was not available at the time of the original decision, while a motion to reconsider argues that the original decision was legally or factually incorrect based on the existing record. The filing deadlines and supporting documentation requirements differ for each. An attorney can review your case to determine which motion, if either, is appropriate for your circumstances.
How long do I have to file an immigration motion in York County?
The filing deadline depends on the type of decision and the body that issued it. A motion to reopen before the immigration court is generally due within 90 days of the final order, while a motion to reconsider is typically due within 30 days. Deadlines before USCIS and the Board of Immigration Appeals vary. Late-filed motions may be accepted in limited circumstances, but the standard is strict. Contacting an attorney early is important to preserve your rights.
Can I file an immigration motion while my removal order is pending?
Yes, a motion to reopen or reconsider can often be filed while a removal order is pending, but doing so does not automatically stay your removal. You may need to separately request a stay of removal from the immigration court, the Board of Immigration Appeals, or U.S. Immigration and Customs Enforcement. Timing is critical, and an attorney can advise on the interplay between the motion and any enforcement actions.
What happens if my immigration motion is denied?
If an immigration judge denies your motion, you generally have the right to appeal to the Board of Immigration Appeals within 30 days. If the Board denies the motion, further review may be available in the federal circuit court of appeals. Each level of review involves distinct procedural rules and standards of review, and consulting with an attorney before filing any appeal is advisable.
Does a criminal charge in York County affect my immigration motion?
A criminal charge or conviction can significantly affect your immigration case, including your eligibility for certain forms of relief and your ability to file a successful motion. Certain offenses may be classified as crimes involving moral turpitude or aggravated felonies under the Immigration and Nationality Act, which can trigger mandatory detention and removal. If you have a criminal matter pending in the York County General District Court or the Ninth Judicial Circuit, coordinate your criminal defense counsel with your immigration attorney.
Do I need a lawyer to file an immigration motion in Virginia?
You are not legally required to have a lawyer to file an immigration motion. A motion is a formal legal document that must state specific legal and factual grounds for the relief requested. Errors in the motion or failure to include required supporting evidence can result in denial and may prejudice future applications. An experienced attorney can evaluate your case, identify the strong $1s, and prepare the motion in accordance with the applicable rules. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How much does it cost to file an immigration motion?
Government filing fees vary by motion type and the agency involved. A motion to reopen or reconsider before USCIS may require a filing fee, while motions before the immigration court may not. Fee waivers are available for certain applicants who demonstrate financial need. Attorney fees are separate and vary by case complexity. Contact our firm for a consultation to discuss the details of your matter.
Can an immigration motion stop my deportation?
A properly filed motion can form the basis for a request to stay removal, but the motion by itself does not automatically halt deportation proceedings. A stay of removal must be affirmatively requested and granted by the immigration judge, the Board of Immigration Appeals, or ICE. Whether a stay will be granted depends on the merits of the motion and the specific facts of your case.
What evidence do I need to support a motion to reopen?
A motion to reopen must be supported by new and material evidence that was not previously available and could not have been discovered or presented at the earlier proceeding. This often includes affidavits, official documents from the home country, medical records, or proof of changed circumstances. The evidence must be reliable and directly relevant to the claims at issue. An attorney can help you gather and present the documentation in the format the court requires.
Where are immigration court hearings held for York County residents?
Immigration court hearings for York County residents are held at the Arlington Immigration Court, located at 1901 South Bell Street in Arlington, Virginia. The court is part of the Executive Office for Immigration Review. Hearings before the Board of Immigration Appeals are typically held at the Board’s headquarters in Falls Church, Virginia. Filing deadlines remain in effect even if the hearing location is outside your immediate area. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does it take to get a decision on an immigration motion?
The timeline for a decision on an immigration motion varies depending on the adjudicating body, its caseload, and the complexity of the issues. Immigration court motions may take several months or longer, while USCIS motions may be adjudicated within a timeframe set by current processing times. The Board of Immigration Appeals typically issues decisions in a matter of months, though this can vary. There is no guaranteed timeline. Contact our firm to discuss what you might expect given current processing conditions.
What is a joint motion to reopen?
A joint motion to reopen is a motion filed by both the noncitizen and the Department of Homeland Security, agreeing that the case should be reopened. Joint motions are often filed when the parties have reached a settlement or when DHS agrees with the grounds for reopening. They are generally viewed favorably by the immigration court and can be resolved more efficiently than a contested motion. Engaging an attorney to negotiate a joint motion with DHS may be an option in some cases.
Can I work while my immigration motion is pending?
A pending immigration motion does not automatically grant work authorization. Eligibility for employment authorization depends on your underlying immigration status and whether you have a pending application for a status that carries work authorization. If you are otherwise eligible, you may file Form I-765 to request an Employment Authorization Document. Whether you can continue working or start new employment while your motion is under review is a fact-specific question that an attorney can help you evaluate.
What is an in absentia removal order, and can it be reopened?
An in absentia removal order is issued when a noncitizen fails to appear for a scheduled immigration court hearing. These orders can be reopened if you can demonstrate that you did not receive notice of the hearing or that exceptional circumstances prevented your attendance. A motion to reopen an in absentia order must be filed within the timeframes set by the applicable regulations, which differ depending on whether the motion is based on exceptional circumstances or lack of notice. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
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