Motion to Reconsider Lawyer Orange County, VA
A motion to reconsider is a procedural tool in immigration law that allows a person to ask USCIS, the Immigration Court, or the Board of Immigration Appeals to review an unfavorable decision. For Orange County residents, immigration matters are processed at the USCIS Washington District Office in Fairfax for affirmative applications and at the Arlington Immigration Court for removal proceedings. Law Offices Of SRIS, P.C. works with individuals and families throughout Orange County—from Orange to Gordonsville—who need experienced counsel to evaluate whether a motion to reconsider is the right path and to prepare a properly supported filing. The procedural requirements for these motions are strict, and the timeline for filing is limited. Mr. Sris and the firm’s Of Counsel attorneys review the underlying decision, identify potential legal or factual errors, and prepare the motion with the supporting legal argument and authority the adjudicator requires. To discuss an immigration decision you wish to challenge, reach our location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is a Motion to Reconsider in Immigration Law?
In immigration practice, a motion to reconsider is a formal request directed to the body that issued an unfavorable decision—USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals (BIA)—asking that body to review and reverse its own ruling. The motion must demonstrate that the decision was incorrect based on the law and the evidence that was already in the record at the time of the decision. It is not a vehicle for introducing new facts or previously unavailable evidence; that function belongs to a motion to reopen, which is a separate procedural mechanism with its own requirements.
The key distinction is simple but important: a motion to reconsider argues that the adjudicator got it wrong based on what was already before them, while a motion to reopen says there is new information that changes the analysis. For Orange County residents whose applications—whether for adjustment of status, naturalization, cancellation of removal, or another form of immigration relief—have been denied, a motion to reconsider may be the appropriate next step if the denial rests on a misapplication of the Immigration and Nationality Act, governing regulations, or binding precedent. Because the motion must identify the specific error with precision and support the argument with legal authority, working with an attorney who concentrates in immigration law is critical. Law Offices Of SRIS, P.C. Evaluates the decision, determines whether reconsideration is viable, and if so, prepares the motion with the detail and legal support the adjudicator expects.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a formal request asking USCIS, the Immigration Court, or the Board of Immigration Appeals to review and reverse a decision based on an error of law or fact in the original ruling. It is distinct from a motion to reopen, which introduces new evidence that was not previously available. A motion to reconsider argues that the decision was incorrect on the record that was already before the adjudicator. The motion must point to a specific mistake—such as a misapplied statutory standard, an overlooked precedent decision, or an error in factual analysis—and explain why the error warrants a different outcome. For Orange County residents dealing with an unfavorable immigration decision, a properly prepared motion to reconsider can be a path to relief without starting the application process over from the beginning.
When can I file a motion to reconsider an immigration decision?
A motion to reconsider must generally be filed within 30 days of the unfavorable decision for Immigration Court and BIA cases, though the applicable deadline may differ for USCIS decisions depending on the form type and the basis for the motion. The specific deadline is set by the rules of the body that issued the decision. Filing even one day late can result in the motion being rejected without any review of its merits. Because the clock starts running from the date of decision, prompt action after receiving an unfavorable ruling is essential. An experienced immigration attorney can confirm the applicable deadline, evaluate whether reconsideration is appropriate, and prepare and submit the motion within the required timeframe.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider challenges the legal or factual correctness of a decision based on the existing record, while a motion to reopen asks the adjudicator to consider new evidence that was not previously available or could not have been presented at the earlier proceeding. The two motions serve different purposes and have different procedural requirements. A motion to reconsider argues the decision-maker erred; a motion to reopen says circumstances have changed or new facts have come to light. In some situations, both motions may be filed together, but each must independently meet its own legal standard. Understanding which motion applies to your circumstances requires careful analysis of the decision and the underlying record.
Where are immigration motions filed for Orange County, Virginia residents?
For Orange County residents, immigration motions are filed with the same body that issued the underlying decision—typically the USCIS Washington District Office in Fairfax for affirmative applications or the Arlington Immigration Court for matters in removal proceedings. If the unfavorable decision came from the Board of Immigration Appeals, the motion goes to the BIA in Falls Church, Virginia. If it was a USCIS field office or service center decision, the motion is filed with the appropriate USCIS office. Knowing where and how to file is critical because sending a motion to the wrong office can result in missed deadlines and jurisdictional dismissals. Law Offices Of SRIS, P.C. handles filings with all three bodies for Orange County clients.
What happens if my motion to reconsider is denied?
If a motion to reconsider is denied, the original unfavorable decision remains in effect, and the applicant must consider alternative options, which may include filing a motion to reopen, appealing to a higher body, or pursuing a different form of immigration relief. A denial of reconsideration does not necessarily end the case, but it does narrow the available paths forward. In some instances, the denial itself may be appealable. In others, the focus shifts to identifying other avenues for relief that do not depend on overturning the original decision. Because the options depend on the specific facts and procedural posture, consulting with an immigration attorney promptly after a denial is important for evaluating the next steps.
Can I file a motion to reconsider after a deportation order?
Yes, a motion to reconsider may be filed after a deportation or removal order, but it must be filed within the applicable deadline—typically 30 days from the Immigration Judge’s decision—and must identify a specific legal or factual error. An individual who has been ordered removed faces heightened stakes, and the motion must be both timely and substantively strong. Filing a motion to reconsider does not automatically stop the removal process; a separate request for a stay of removal may be necessary to prevent deportation while the motion is pending. Given the serious consequences of an outstanding removal order, working with an attorney who concentrates in deportation defense and immigration motions is strongly advisable.
Do I need a lawyer to file a motion to reconsider?
There is no legal requirement that an attorney prepare a motion to reconsider, but the procedural rules, strict deadlines, and need for precise legal argument make experienced counsel important for a well-prepared motion. Self-represented individuals may miss critical procedural requirements or fail to articulate the legal error with the specificity the adjudicator requires. An attorney who concentrates in immigration law can evaluate whether reconsideration has a reasonable chance of success, identify the strong $1s, cite applicable statutes and precedent, and ensure the motion is filed correctly and on time. For Orange County residents, Law Offices Of SRIS, P.C. offers consultations to review immigration decisions and assess the viability of a motion to reconsider.
What evidence is needed to support a motion to reconsider?
A motion to reconsider relies on legal argument rather than new evidence; the support comes from demonstrating that the adjudicator misapplied the law, overlooked controlling precedent, or made a factual finding that is unsupported by the record that was before them. New documents and witness statements are generally not part of a motion to reconsider—those belong in a motion to reopen. Instead, the motion cites statutes, regulations, published precedent decisions, and the existing record to show where the error occurred. The persuasiveness of the motion depends on the quality of the legal analysis, not on submitting more paperwork. An attorney experienced in immigration motions can identify the strongest grounds for reconsideration and frame the argument effectively.
How long does it take to get a decision on a motion to reconsider?
Processing times for motions to reconsider vary considerably depending on which body is reviewing the motion, its current caseload, and the complexity of the issues raised. The Immigration Court, BIA, and USCIS all operate with different timelines, and there is no fixed period within which a decision must be issued. In some instances, a decision may come within a few months; in others, the motion may remain pending for a significantly longer period. While the motion is pending, the underlying order or denial generally remains in effect unless a stay has been granted. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How much does it cost to file a motion to reconsider?
Filing fees for motions to reconsider depend on the body with which the motion is filed and the type of immigration benefit at issue; fee waiver requests may be available for income-eligible applicants. USCIS motions generally require a filing fee, while motions before the Immigration Court and BIA may have different fee structures. In addition to any government filing fee, attorney fees vary depending on the complexity of the matter, the length of the administrative record, and the legal issues involved. During a consultation, the firm can discuss the anticipated costs associated with preparing and filing a motion to reconsider for your specific case.
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 and has practiced immigration law for many years. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. 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 experience across immigration, criminal defense, and related practice areas. Together, they assist Orange County residents with motions to reconsider, family-based petitions, adjustment of status, naturalization, deportation defense, and other immigration matters. The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. for a consultation, call (888) 437-7747.
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Related Immigration Resources
Fairfax County Immigration Lawyer •
Prince William County Immigration Lawyer •
Manassas Immigration Lawyer •
Falls Church Immigration Lawyer •
Fairfax City Immigration Lawyer
Official Resources
U.S. Citizenship and Immigration Services (USCIS) •
Executive Office for Immigration Review (EOIR) •
Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Engaging Law Offices Of SRIS, P.C. Requires a signed engagement agreement. The firm’s Fairfax Location serves clients in Orange County and throughout Virginia—contact us at (888) 437-7747 to schedule a consultation. By appointment only. © 1997-2026 Law Offices Of SRIS, P.C.
Case results depend on a variety of factors unique to each case.