Motion to Reconsider Lawyer York County, VA
A motion to reconsider is a formal request asking a federal immigration agency or court to review and reverse a previous decision. For York County, Virginia residents, these motions are handled at the federal level—either by U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), or the Board of Immigration Appeals (BIA)—rather than by local state courts. Law Offices Of SRIS, P.C. Concentrates its practice on immigration law, including helping individuals and families in Yorktown, Grafton, Tabb, Seaford, and throughout York County prepare and present motions to reconsider. Mr. Sris and his Of Counsel team understand the procedural requirements and legal standards that govern these motions, and they work to present a clear, well-supported argument for why the prior decision should be changed. Whether you received a denial of a visa petition, an unfavorable decision from an immigration judge, or an adverse ruling from the BIA, a motion to reconsider may offer a path to a different result. For guidance on filing a motion to reconsider, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What an Immigration Motion to Reconsider Means for York County Residents
Immigration law is exclusively federal, so a motion to reconsider in an immigration matter is not filed in York County General District Court or any Virginia state court. Instead, the motion is submitted to the agency or tribunal that issued the original decision. For York County residents, affirmative applications—such as adjustment of status, naturalization, or waivers of inadmissibility—are generally processed at the USCIS Washington District Office at 2675 Prosperity Avenue, Fairfax, VA 22031. If a case is in removal proceedings, those hearings take place at the Arlington Immigration Court, 1901 South Bell Street, Arlington, VA 22202, which has jurisdiction over respondents residing in York County. Appeals and motions to reconsider from immigration judge decisions are filed with the Board of Immigration Appeals.
The law governing motions to reconsider is found in the Immigration and Nationality Act (INA) and the regulations of the Department of Homeland Security and the Executive Office for Immigration Review. A motion to reconsider must demonstrate that the original decision was based on an incorrect application of law or policy. It is not a chance to present new evidence—that would be a motion to reopen. Rather, a motion to reconsider argues that the decision-maker misapplied the relevant statute, regulation, or binding precedent. The motion must identify the specific error and explain why correction is warranted. Because the standards are technical, representation by an attorney who concentrates in immigration law can make a difference. Mr. Sris and his Of Counsel team handle motions to reconsider for clients throughout the Historic Triangle region, and they are familiar with the practices of USCIS adjudicators, immigration judges, and the BIA.
How Mr. Sris and His Of Counsel Handle Immigration Motions to Reconsider
When a client comes to Law Offices Of SRIS, P.C. with an unfavorable immigration decision, the first step is a careful review of the decision, the administrative record, and the underlying facts. Mr. Sris and his Of Counsel look for legal errors: Did the adjudicator misstate the applicable standard? Did the immigration judge overlook controlling precedent? Was the BIA member’s decision inconsistent with its own published decisions? A motion to reconsider must be filed within strict time limits—generally 30 days from the date of the decision for USCIS matters and for BIA appeals—so prompt action is necessary.
Once the legal error is identified, the motion is drafted to succinctly explain why the decision was legally incorrect and what the correct outcome should be. The motion includes a memorandum of law, citations to statutes and case law, and any necessary supporting authority. There is no hearing on a motion to reconsider; the reviewing body decides the matter on the written submissions alone. That makes the quality of the written advocacy especially important. Mr. Sris and his Of Counsel draw on over 120 years of combined legal experience to present a compelling argument. Results may vary. After filing, the court or agency issues a written decision. If the motion is granted, the original decision is vacated and the case proceeds as if it had been decided correctly the first time. If the motion is denied, other options—such as an appeal to a higher body or, in some circumstances, a motion to reopen—may be available.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has over two decades of experience practicing law. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates his practice in immigration law among other areas. Mr. Sris is a former prosecutor whose experience provides valuable insight into how government agencies build their cases. He 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 Of Counsel attorneys who bring additional depth to the firm’s immigration practice. Together, Mr. Sris and his Of Counsel team have documented 4,739+ case results since 1997. Results may vary.
The firm has 13 documented case results in York County across all practice areas, with favorable outcomes in all reported instances. Law Offices Of SRIS, P.C. serves York County residents from its Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment only. Call (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What is a motion to reconsider in immigration?
A motion to reconsider asks the USCIS, immigration judge, or Board of Immigration Appeals to review and change a decision based on a legal error. It is not a request to submit new evidence. The motion must point to a specific mistake in how the law was applied. A well-drafted motion to reconsider can lead to the original decision being vacated and the case re-adjudicated. Because the standard is narrow, legal guidance is often helpful in identifying whether a motion to reconsider is the appropriate remedy. For a discussion of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
When should I file a motion to reconsider?
Generally, a motion to reconsider must be filed promptly after the decision. This deadline applies to both USCIS and BIA proceedings. Missing the deadline can mean you lose the right to seek reconsideration, so you should act promptly after receiving an unfavorable decision. There are limited exceptions to the deadline, but they are narrow. If you are uncertain about whether a motion to reconsider is still timely, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your options.
Do I need a lawyer for a motion to reconsider?
You are not required to have a lawyer to file a motion to reconsider, but the process is technical and the odds of success often depend on making a clear, legally sound argument. An experienced immigration attorney can identify errors in the original decision that a non-lawyer might miss and can present the argument in a way that meets the reviewing body’s standards. Mr. Sris and his Of Counsel team have extensive experience with immigration motions and can evaluate whether a motion to reconsider is likely to be successful in your case.
What happens if my motion to reconsider is denied?
If your motion to reconsider is denied, you may have other avenues for relief. A denial from USCIS can sometimes be appealed to the Administrative Appeals Office. A denial from an immigration judge may be appealed to the BIA. In some circumstances, if new evidence becomes available, a motion to reopen may be appropriate. Each case is different, and the available remedies depend on the specifics of your immigration history and the type of decision that was made. 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 a motion to reconsider?
The timeline varies depending on the adjudicating body and its workload. USCIS processing times for motions to reconsider can range from several months to over a year. The BIA generally issues decisions on motions to reconsider more quickly, often within a few months. There is no fixed guarantee, and cases involving urgent relief—such as an imminent removal—may be prioritized. Mr. Sris and his Of Counsel monitor deadlines and agency processing updates to help clients understand what to expect.
Our firm also represents clients in nearby localities. Visit our pages for James City County immigration lawyer, Williamsburg immigration lawyer, and Fairfax County immigration lawyer.
Primary source authorities: U.S. Citizenship and Immigration Services (USCIS) · Executive Office for Immigration Review (EOIR) · USCIS Policy Manual.
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.