Motion to Reconsider Lawyer King George County, VA

You received an unfavorable decision from USCIS, the Immigration Court, or the Board of Immigration Appeals. Now you need to understand whether asking the same authority to take a second look—filing a motion to reconsider—is the right next step. For King George County residents, these motions are handled at the federal immigration facilities that serve Northern Virginia: the USCIS Washington District Office in Fairfax, the Arlington Immigration Court, or the Board of Immigration Appeals in Falls Church. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., practices in immigration matters and represents clients throughout Virginia, including King George County. Filing a motion to reconsider requires identifying a specific error of fact or law in the prior decision—not simply disagreeing with the outcome. If you need guidance on whether a motion to reconsider is available in your case, contact the firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What a Motion to Reconsider Means in Federal Immigration Practice

A motion to reconsider is a formal request asking the same adjudicator that issued an unfavorable decision to review it again based on a claimed mistake. Under the Immigration and Nationality Act and the regulations of the Executive Office for Immigration Review, a motion to reconsider must point to a specific error of fact or law in the prior ruling. The motion does not introduce new evidence—that is the separate function of a motion to reopen. Instead, the motion argues that the decision itself was wrong on the record that existed when it was made. For King George County residents, the forum depends on where the unfavorable decision was issued. Affirmative applications decided by USCIS are reconsidered by the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax. Immigration Court decisions are reconsidered by the same Immigration Judge at the Arlington Immigration Court on South Bell Street. Board of Immigration Appeals decisions are reconsidered by the BIA in Falls Church. Each forum has its own procedural requirements, filing deadlines, and standards of review under the applicable federal regulations.

The motion to reconsider is a limited remedy. It does not permit the applicant to reargue the case from scratch or submit evidence that could have been presented earlier. The motion must be precise: it identifies the specific passage in the decision, explains why it is legally or factually incorrect, and cites the authority supporting that position. Filing a motion to reconsider does not automatically stop removal proceedings or extend voluntary departure periods. In many instances, a separate request for a stay of removal must be filed alongside the motion. Mr. Sris and the firm’s Of Counsel attorneys handle motions to reconsider in immigration matters for clients from King George, Dahlgren, and throughout the Fifteenth Judicial District.

How Motions to Reconsider Are Handled

When a motion to reconsider is filed with USCIS, the officer who adjudicated the original application reviews the motion first. The standard is whether the officer committed a mistake of fact or law that affected the outcome. USCIS has discretion to grant, deny, or reopen the matter on its own terms. Before the Immigration Court, a motion to reconsider is governed by the Immigration Court Practice Manual and the regulations at 8 C.F.R. Part 1003. The motion must be filed within the time limit set by regulation, measured from the date of the final administrative decision. The Immigration Judge reviews the motion and decides whether the prior ruling contains an error that warrants reconsideration. At the Board of Immigration Appeals, the standard of review varies depending on whether the issue is a question of law, a question of fact, or a discretionary determination. The BIA reviews legal questions de novo and factual findings for clear error. Filings with the BIA must comply with the BIA Practice Manual, including formatting requirements, service obligations, and fee payment or fee-waiver requests.

Because immigration motions are time-sensitive and procedurally precise, engaging an attorney early is important. Filing a deficient motion—one that fails to identify a cognizable error, misses the filing deadline, or does not comply with the applicable practice manual—can result in denial without reaching the merits. For residents of King George County, Law Offices Of SRIS, P.C. assists with drafting, compiling, and filing motions to reconsider before USCIS, the Arlington Immigration Court, and the Board of Immigration Appeals. The firm’s Fairfax location is a short distance from the USCIS Washington District Office and the Arlington Immigration Court, making it convenient for clients to meet and prepare their motions.

Frequently Asked Questions

What is a motion to reconsider in immigration law?

A motion to reconsider is a formal request asking the same immigration authority that issued an unfavorable decision to review it again based on a specific error of fact or law in the prior ruling. It is governed by the Immigration and Nationality Act and the regulations of the Executive Office for Immigration Review. The motion must identify the particular mistake and explain how it affected the outcome rather than reargue the entire case or introduce new evidence. If new evidence exists, a motion to reopen is the appropriate filing instead.

When can I file a motion to reconsider an immigration decision?

A motion to reconsider must generally be filed within the deadline established by the applicable federal regulation, measured from the date of the final administrative decision. The specific time limit depends on whether the decision was issued by USCIS, the Immigration Court, or the Board of Immigration Appeals. Filing deadlines are jurisdictional in many cases, meaning a late motion will be rejected without reaching the merits. Contact an experienced immigration attorney promptly after receiving an unfavorable decision to determine whether a timely motion can be prepared.

Where is a motion to reconsider filed for a King George County case?

The filing location depends on which authority issued the unfavorable decision. For King George County residents, USCIS decisions are reconsidered at the Washington District Office on Prosperity Avenue in Fairfax. Immigration Court decisions from removal proceedings are reconsidered by the same judge at the Arlington Immigration Court on South Bell Street. BIA decisions are reconsidered by the Board of Immigration Appeals in Falls Church. Each forum has distinct filing procedures that must be followed precisely.

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

A motion to reconsider challenges a legal or factual error in the existing record, while a motion to reopen introduces new evidence that was not previously available. Reconsideration asks the adjudicator to find that the decision was wrong when it was made based on the evidence and law that were presented. Reopening asks the adjudicator to consider new facts, changed circumstances, or evidence that could not reasonably have been submitted at the original hearing or interview. The two motions serve distinct purposes and have different procedural requirements.

What should a motion to reconsider contain?

A proper motion to reconsider should specifically identify the error in the prior decision, explain why it is incorrect under the applicable law or factual record, and cite the legal authority supporting that position. The motion should reference the specific portion of the decision being challenged. Any supporting legal memorandum should be included with the motion. Procedural requirements under the applicable practice manual—such as pagination, service on opposing counsel, and required certifications—must be satisfied for the motion to be accepted for adjudication.

Do I need a lawyer for a motion to reconsider in an immigration case?

You are not required by law to have an attorney to file a motion to reconsider, but the procedural and substantive requirements are demanding, and errors can result in summary denial. Immigration regulations and practice-manual requirements govern every aspect of the filing. An experienced immigration attorney can identify whether the prior decision contains a cognizable error, prepare the motion in compliance with applicable rules, and file it within the applicable deadline. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Does filing a motion to reconsider stop removal proceedings?

Filing a motion to reconsider does not automatically stop removal proceedings or extend a voluntary departure period. In many cases, a separate request for a stay of removal must be filed along with the motion. The Immigration Judge or the Board of Immigration Appeals may grant a stay in its discretion. If removal is imminent, it is important to seek legal guidance promptly to determine whether a stay should be requested and on what grounds.

What happens if the motion to reconsider is granted?

If a motion to reconsider is granted, the prior unfavorable decision is vacated, and the matter is reopened for further proceedings or a new decision on the existing record. The specific outcome depends on the nature of the error and the authority that granted the motion. USCIS may approve the underlying application, issue a new decision, or schedule a new interview. The Immigration Court may hold a new hearing. The Board of Immigration Appeals may remand the case to the Immigration Judge for further proceedings consistent with the BIA’s decision.

What happens if the motion to reconsider is denied?

If a motion to reconsider is denied, the prior unfavorable decision stands unless the denial is appealed to a higher authority within the time permitted by regulation. A denial by USCIS can sometimes be challenged in federal district court. A denial by the Immigration Judge can be appealed to the Board of Immigration Appeals. A denial by the BIA can be appealed to the appropriate federal court of appeals. The deadlines for appeal are strict, and missing them typically forecloses further review. Prior results do not guarantee a similar outcome; Results may vary. depending on the facts of each case.

How long does a motion to reconsider take?

The processing timeline for a motion to reconsider varies depending on the adjudicating authority, its current caseload, and the complexity of the legal issue raised. USCIS field offices and the Arlington Immigration Court have their own internal priorities that affect how quickly motions are decided. The Board of Immigration Appeals operates on a separate calendar. No fixed processing timeline applies across all forums. For a case-specific assessment, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What are common grounds for a motion to reconsider?

Common grounds for a motion to reconsider include misapplication of the governing statute, reliance on an incorrect factual finding, failure to consider material evidence in the existing record, or legal error in the analysis of eligibility. The error must be material—meaning it affected the outcome of the decision. Disagreement with the adjudicator’s exercise of discretion is generally not a sufficient ground unless the discretion was applied under an incorrect legal standard. Each potential ground must be evaluated against the specific decision and the governing regulations.

Can I file a motion to reconsider if my circumstances have changed?

A change in circumstances is typically a basis for a motion to reopen rather than a motion to reconsider. Reconsideration is limited to errors in the existing record. If your situation has changed—for example, a new qualifying family relationship, changed country conditions, or newly available evidence—the appropriate filing is a motion to reopen, which has its own procedural requirements and deadlines. An attorney can help determine which type of motion fits your situation. Contact Law Offices Of SRIS, P.C. to discuss your options.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 after serving as a former prosecutor. The firm’s Of Counsel attorneys bring experience across multiple areas of immigration practice, including motions practice before USCIS, the Immigration Court, and the Board of Immigration Appeals. The firm handles immigration matters for clients from King George County, with its Fairfax location conveniently situated near the federal immigration facilities that process these cases. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s attorneys represent clients in immigration matters that involve family-based petitions, adjustment of status, consular processing, naturalization, deportation defense, asylum, cancellation of removal, and post-decision motions practice. To schedule a consultation, call (888) 437-7747.

Primary sources: Immigration and Nationality Act · Executive Office for Immigration Review · Virginia Courts

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Law Offices Of SRIS, P.C. is a law firm practicing in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Fairfax location serves clients in King George County by appointment. Contact us at (888) 437-7747 to schedule a consultation. Engaging Law Offices Of SRIS, P.C. Requires a signed engagement agreement. © 1997-2026 Law Offices Of SRIS, P.C.

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