Immigration Motion Lawyer Alexandria, VA
When an immigration judge or the Board of Immigration Appeals issues an unfavorable decision, you may still have options to request reconsideration or to reopen your case. An immigration motion is a formal request asking the immigration court or the Board to reevaluate a prior ruling based on specific legal grounds. For residents of Alexandria, Virginia, immigration motions are typically handled by the Arlington Immigration Court or the Board of Immigration Appeals, and navigating these procedures without experienced guidance can place your immigration status at risk. Law Offices Of SRIS, P.C. assists individuals and families in Alexandria who need to pursue a motion to reconsider, a motion to reopen, or other post‑decision relief. Mr. Sris and his Of Counsel team understand the procedural requirements and the strategic importance of each filing. To discuss your situation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Immigration Motions in Alexandria, Virginia
Immigration motions are legal requests that ask an immigration court or the Board of Immigration Appeals to review a prior decision. The two most common types are a motion to reconsider and a motion to reopen. A motion to reconsider argues that the original decision was legally incorrect based on the evidence and law that were already before the court at the time of the ruling. A motion to reopen, by contrast, asks the court to consider new evidence that was not previously available and that could change the outcome. For Alexandria residents, these motions are generally filed with the Arlington Immigration Court, located at 1901 South Bell Street, Arlington, Virginia 22202, or with the Board of Immigration Appeals in Falls Church, Virginia.
Whether you are seeking to challenge a removal order, an adverse asylum determination, or a decision on cancellation of removal, the motion must be carefully drafted to meet strict procedural requirements. Deadlines for filing motions to reopen or reconsider are governed by federal regulations and vary depending on the type of motion and the court that issued the decision. Because immigration law is exclusively federal, state and local courts do not adjudicate these matters. Law Offices Of SRIS, P.C. Concentrates its immigration practice on guiding Alexandria clients through each step of the motion process, from evaluating the likelihood of success to assembling supporting documentation and presenting a persuasive legal argument.
Frequently Asked Questions
What is an immigration motion to reconsider?
A motion to reconsider is a request that asks an immigration judge or the Board of Immigration Appeals to re-examine a prior decision based on an alleged legal or factual error in the original ruling. The motion must identify specific mistakes in the application of law or in the factual findings that the judge made. It does not introduce new evidence; it relies solely on the record that was before the court at the time of the decision. An experienced attorney can evaluate whether the decision contained a clear error and can frame the argument in a way that meets the regulatory requirements.
What is a motion to reopen?
A motion to reopen asks the immigration court or the Board of Immigration Appeals to consider new evidence that was not available at the time of the original hearing and that could change the outcome of the case. The new evidence must be material, meaning it could affect the decision, and it must not have been previously discoverable through reasonable diligence. Examples may include a change in country conditions that supports an asylum claim, previously unavailable documentation of a qualifying family relationship, or evidence of ineffective assistance of prior counsel. The motion must be supported by affidavits or other documentary proof.
How does the motion process work at the Arlington Immigration Court?
The Arlington Immigration Court accepts motions to reopen and motions to reconsider in cases where that court originally issued the underlying order. After a motion is filed, the court will serve a copy on the Department of Homeland Security, which has an opportunity to respond. The immigration judge then reviews the motion and the response and may decide the matter on the written submissions or schedule a hearing. The court’s scheduling practices and timelines vary; there is no fixed processing time. Filing a motion does not automatically stop the enforcement of a removal order unless a separate stay of removal is granted.
Can I file a motion to reconsider after the Board of Immigration Appeals has ruled?
Yes, a motion to reconsider a Board of Immigration Appeals decision may be filed within thirty days of the Board’s final decision, measured from the date of the decision, under the applicable federal regulations. The motion must specify the errors of law or fact in the Board’s ruling and must be supported by pertinent authority. If the thirty‑day deadline has passed, a motion to reopen may still be possible if there is new evidence that meets the regulatory standard. The Board considers motions carefully, and a well‑prepared submission can make a difference in whether the Board agrees to re‑evaluate the case.
Do I need a lawyer for an immigration motion in Alexandria?
You are not required by law to hire an attorney to file an immigration motion, but the procedural and substantive requirements are complex, and mistakes can permanently affect your immigration case. The motion must be filed within strict time limits, must follow specific formatting rules, and must include a detailed legal brief and supporting evidence. An experienced immigration attorney can identify the strongest legal arguments, gather and present evidence effectively, and ensure that the motion complies with all regulatory requirements. For Alexandria residents, Law Offices Of SRIS, P.C. offers guidance on whether a motion is likely to succeed and what the trusted strategy is.
How long does it take for an immigration motion to be decided?
The time it takes for an immigration motion to be decided depends on the court’s calendar, the complexity of the issues, and whether the Department of Homeland Security files a response. Some motions are resolved within a few months; others may take longer, particularly if the court schedules a hearing. Because there is no guaranteed timeline, it is important to consult with an attorney as soon as a decision is received so that the motion can be prepared and filed without delay.
What happens if my motion is denied?
If a motion to reconsider or a motion to reopen is denied by the immigration court, the decision may be appealed to the Board of Immigration Appeals within the applicable time period set by federal regulation. A denial does not necessarily end the case; however, the appeal process is technical and must be initiated promptly. If the Board of Immigration Appeals also denies the motion, further review may be sought in the appropriate federal circuit court of appeals. Each level of review has its own requirements and deadlines. Working with an attorney who understands the appellate process can help preserve your rights.
How much does it cost to file an immigration motion?
Government filing fees for immigration motions vary depending on the type of motion and the court where it is filed; updated fee schedules are available through the Executive Office for Immigration Review and U.S. Citizenship and Immigration Services. In addition to filing fees, attorney fees vary based on the complexity of the case and the work required. Law Offices Of SRIS, P.C. can provide additional information about the costs and payment options during a consultation. For a discussion of your specific matter, reach our firm at (888) 437-7747.
What documents are needed for a motion to reopen based on new evidence?
A motion to reopen based on new evidence must be accompanied by affidavits, records, or other documentation that demonstrates the new evidence and explains why it was not previously available. The documentation must be material and must be presented in a format that complies with the immigration court’s or Board’s filing requirements. Examples include country‑conditions reports, medical records, police reports, or sworn statements from witnesses. An attorney can help gather the appropriate evidence and ensure that it is properly authenticated and submitted.
Can I file a motion while my deportation order is pending?
Yes, you may file a motion to reopen or a motion to reconsider even if a deportation order has been issued; however, filing the motion does not automatically stop the removal process. To halt removal, you generally need to request a stay of removal separately from the motion. The immigration court or the Board of Immigration Appeals may grant a stay while the motion is pending, but this is discretionary. Because your physical presence in the United States may be affected, it is crucial to act quickly and to consult with an attorney who can advise on the trusted strategy for your individual circumstances.
What is the difference between a motion to reconsider and an appeal?
A motion to reconsider asks the same judge or Board that decided your case to review the decision for legal or factual error; an appeal asks a higher authority—the Board of Immigration Appeals or a federal circuit court—to review the decision. Both options have strict deadlines, but they involve different procedural requirements and standards of review. In some cases, it may be appropriate to file both a motion and an appeal. An attorney can assess which avenue is most appropriate given the specific facts of your case.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor who is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel team bring extensive combined legal experience to immigration matters, including motions to reconsider and motions to reopen before the Arlington Immigration Court, the Board of Immigration Appeals, and other federal tribunals. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys provide support across the practice, ensuring that each client receives thorough preparation and strategic advocacy. Results may vary. To discuss your immigration motion case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related practice areas and locations:
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. The firm’s attorneys are admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Law Offices Of SRIS, P.C. maintains locations by appointment only. Reach our firm at (888) 437-7747.