Motion to Reconsider Lawyer Spotsylvania County, VA
If you have received an unfavorable decision from U.S. Citizenship and Immigration Services, an Immigration Judge, or the Board of Immigration Appeals, a motion to reconsider may provide a path to challenge that outcome. For residents of Spotsylvania County, Virginia, immigration matters are processed through the USCIS Washington District Office in Fairfax and, when removal proceedings are involved, at the Arlington Immigration Court. Law Offices Of SRIS, P.C. concentrates a portion of its practice on federal immigration law, including motions to reconsider filed before the Executive Office for Immigration Review and USCIS. Mr. Sris, the firm’s Owner and Founder, is admitted to practice in Virginia and four other jurisdictions, and he works alongside the firm’s Of Counsel attorneys to address the procedural and legal requirements of immigration motions. To discuss whether a motion to reconsider is available in your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Motion to Reconsider Means in Spotsylvania County Immigration Cases
A motion to reconsider is a formal request asking the same agency or court that issued a decision to review it again based on a claim that the decision was incorrect under the law or the evidence that was already in the record. In the immigration context, a motion to reconsider does not introduce new facts; instead, it argues that the prior determination misapplied relevant statutes, regulations, or precedent. For Spotsylvania County residents, the forum depends on where the underlying case sits. Affirmative applications—such as adjustment of status, naturalization, or petitions for family members—are adjudicated by USCIS. When USCIS denies an application, a motion to reconsider may be filed with the same USCIS field office or service center that issued the denial. Removal proceedings, on the other hand, are heard before an Immigration Judge at the Arlington Immigration Court, located at 1901 South Bell Street in Arlington, Virginia. In removal cases, motions to reconsider are governed by the regulations of the Executive Office for Immigration Review, and they must meet specific procedural deadlines and content requirements.
The filing of a motion to reconsider does not automatically stop the execution of a removal order or other adverse action. In some circumstances, a stay of removal may be requested, but approval is discretionary. Because the rules for motions to reconsider vary depending on whether the matter is before USCIS, the Immigration Court, or the Board of Immigration Appeals, a thorough review of the underlying decision, the applicable legal standards, and the procedural posture is essential. Spotsylvania County residents who are navigating these procedures may consult with experienced immigration counsel to evaluate whether a motion to reconsider is appropriate and to ensure the motion is properly supported.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Motion to Reconsider Cases
Mr. Sris and the firm’s Of Counsel attorneys take a detail-oriented approach to motions to reconsider in immigration matters. The process begins with a careful review of the adverse decision, the administrative record, and the governing immigration statutes and regulations. The team identifies whether the decision contained a clear error of law or fact that can be challenged through a motion to reconsider. Because this type of motion does not permit the introduction of new evidence, the focus remains on the record that was before the agency or court at the time of the original decision.
Once a viable basis for reconsideration is identified, the attorneys prepare a written motion that conforms to the applicable procedural requirements, including formatting, service, and filing deadlines. The motion sets out the specific legal errors alleged and explains why the prior decision should be overturned. Throughout the process, Mr. Sris and the Of Counsel attorneys work to keep clients informed about the status of their case and any developments. Because immigration law is subject to frequent policy changes and agency interpretations, having counsel who stays current on these developments can be important when pursuing a motion to reconsider.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. As a former prosecutor, he brings to his immigration practice an understanding of how legal proceedings unfold and an appreciation for procedural precision. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. While he maintains a multi-state practice, he concentrates on federal immigration matters, including motions to reconsider filed with USCIS and the Executive Office for Immigration Review.
The firm’s Of Counsel attorneys contribute experience across criminal defense, family law, traffic matters, and immigration, which can be valuable when an immigration case intersects with other areas of law. The team works collaboratively, with Mr. Sris providing supervision and strategic guidance. Together, Mr. Sris and the firm’s Of Counsel attorneys assist clients in Spotsylvania County and throughout Virginia with a range of immigration concerns, from affirmative applications to defensive removal proceedings.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a request that the same adjudicating body—whether USCIS, an Immigration Judge, or the Board of Immigration Appeals—re-examine its earlier decision based on a claim of legal or factual error. It does not allow the submission of new facts; instead, the motion argues that the original decision was wrong based on the evidence and law already in the record. The motion must be filed within the time limit set by the applicable regulations and must specify the errors with particularity.
When can a motion to reconsider be filed in removal proceedings?
In removal proceedings before an Immigration Judge, a motion to reconsider must be filed within the period prescribed by the applicable regulations or, in certain cases, within a timeframe set by the judge. The motion must state the reasons for the request and include any supporting legal authority. The same deadline generally applies to motions to reconsider filed with the Board of Immigration Appeals, though specific rules may vary depending on the posture of the case. Because deadlines are strictly enforced, consulting with an immigration attorney promptly after an adverse decision is advisable.
Does filing a motion to reconsider stop removal?
Filing a motion to reconsider generally does not automatically stop an order of removal. A separate request for a stay of removal must be made, and whether a stay is granted is a discretionary decision. An immigration attorney can evaluate whether a stay request is appropriate and assist with the necessary filings while the motion to reconsider is pending.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider challenges the correctness of a decision based on the existing record, while a motion to reopen seeks to introduce new evidence that was not previously available. The two motions serve different purposes and have distinct procedural requirements. In some cases, a party may file both motions simultaneously, but each must satisfy its own legal standards. Determining which motion is appropriate requires a thorough review of the circumstances and the basis for challenging the prior decision.
How can a Spotsylvania County immigration lawyer help with a motion to reconsider?
An immigration attorney can review the adverse decision and the record to identify whether a viable basis for reconsideration exists, then prepare and file the motion in compliance with applicable procedural rules. Because immigration motions involve strict deadlines and specific formatting requirements, legal guidance can help ensure the motion is properly presented. For Spotsylvania County residents, Law Offices Of SRIS, P.C. provides immigration representation that includes evaluation of motions to reconsider and assistance throughout the adjudication or litigation process.
Are there filing fees for a motion to reconsider?
Whether a filing fee applies depends on the forum and the type of motion. USCIS generally charges a fee for most motions, though fee waivers may be available for applicants who demonstrate an inability to pay. Motions filed with the Immigration Court or the Board of Immigration Appeals may also involve fees, and the applicable fee schedule can change. Speaking with an immigration attorney about the current requirements can help clarify what costs may be involved.
Immigration Attorneys in Virginia: To explore whether a motion to reconsider may be an option in your case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
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