Immigration Motion Lawyer Falls Church, VA
You checked the mail and found a letter from U.S. Citizenship and Immigration Services denying your green card application. Or perhaps you were in removal proceedings at the Arlington Immigration Court, and the immigration judge refused to reopen your case. A government decision that stops your immigration case dead feels final—but it may not be. A carefully prepared immigration motion can ask the agency or court to take another look. Mr. Sris and the firm’s Of Counsel attorneys represent individuals in Falls Church, Fairfax County, and across Northern Virginia who need to file a motion to reconsider, a motion to reopen, or a motion to remand. We help clients present the new evidence, legal argument, or changed circumstances that may persuade an adjudicator to reverse or revisit an unfavorable decision. To discuss your situation, call Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What an Immigration Motion Means for Falls Church Residents
An immigration motion is a formal written request asking an immigration authority—USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals—to review and change a prior decision. For Falls Church residents, these matters are handled at the USCIS Washington Field Office on Prosperity Avenue in Fairfax and at the Arlington Immigration Court on South Bell Street. The procedural rules that govern immigration motions are technical; a motion that lacks the required specificity or is filed outside the applicable deadline may be summarily dismissed. The firm’s location in Fairfax places our attorneys minutes from both venues, and we apply our familiarity with local adjudication trends when building each submission.
Three common types of motions arise in immigration practice. A motion to reconsider argues that the prior decision was legally or factually wrong based on the record that was already before the officer or judge. A motion to reopen introduces new facts or evidence that were not available at the time of the original hearing or interview. A motion to remand asks an appellate body to send the case back to a lower tribunal for further proceedings. Each motion has distinct standards of review and evidentiary requirements, and the choice of which to file—or whether to file more than one—depends on a careful reading of the original decision and the procedural posture of the case.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Immigration Motion Cases
Building an effective immigration motion starts with pinpointing exactly why the prior decision went wrong. We obtain and review the complete administrative record, identify any errors of law or fact, and gather the additional evidence needed to overcome the original grounds for denial or removal. For a motion to reopen based on new facts, we help clients document changed country conditions, newly available relief, or material information that was previously unobtainable. When the motion centers on legal error, we craft a concise memorandum of law citing current Board of Immigration Appeals precedent and circuit-court authority.
The firm’s Of Counsel attorneys understand that an immigration motion often operates on a short clock. While we do not promise specific turnaround times, we prioritize prompt factual development so that the motion is filed while the procedural window remains open. We also evaluate whether a parallel filing—such as a renewed application for relief or a request for prosecutorial discretion—can preserve our client’s status while the motion is under review. Every recommended step is explained plainly so that the client can make an informed decision about how to proceed.
What to Expect After Filing a Motion
Once a motion is filed with USCIS, the immigration court, or the Board of Immigration Appeals, the government typically has an opportunity to respond. The adjudicator then reviews the motion and any opposition. A motion to reopen does not automatically stay removal; when a stay is necessary, we file a separate request. If the motion is granted, the case proceeds to the next stage—whether that is a new interview, a hearing on the merits, or a reopening of prior proceedings. If the motion is denied, further appeal to a higher tribunal may be available, depending on the procedural history.
For Falls Church residents, the timeline for a decision depends on the forum, the complexity of the issues, and the current caseload of the adjudicative body. During the pendency of a motion, maintaining lawful status and avoiding actions that could trigger new grounds of inadmissibility or deportability is critical. We advise clients on how to navigate the waiting period and monitor the case through the relevant tracking systems.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced immigration law since founding the firm in 1997. 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). The firm’s Of Counsel attorneys bring extensive combined legal experience to immigration motion practice. Our Fairfax location serves clients throughout Northern Virginia; consultations are by appointment. The firm has documented case results across all practice areas since 1997. Results may vary.
Frequently Asked Questions
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 the prior decision based on the existing record, while a motion to reopen presents new facts or evidence not previously available. In a motion to reconsider, the applicant argues that the adjudicator misapplied the law or overlooked material evidence already submitted. A motion to reopen, by contrast, introduces new testimony, documents, or country-condition reports that could change the outcome. The two motions have distinct filing deadlines and evidentiary standards; an experienced immigration attorney can determine which motion—or combination—fits your situation.
Can I file a motion if I was ordered removed in absentia?
Yes, a motion to reopen an in absentia removal order may be filed if you can show that you did not receive proper notice or that exceptional circumstances prevented your attendance. The motion must be supported by evidence such as affidavits, documentary proof of the reason for failure to appear, or documentation that the Notice to Appear was defective under the standards set forth in Pereira v. Sessions and Niz-Chavez v. Garland. For Falls Church residents subject to removal proceedings at the Arlington Immigration Court, the firm reviews the procedural history to identify viable grounds for reopening.
How long does it take to get a decision on an immigration motion in Northern Virginia?
The timeline varies significantly depending on whether the motion is filed with USCIS, the Immigration Court, or the Board of Immigration Appeals, as well as current adjudication backlogs. USCIS field offices and service centers process motions within a range of several months. The Arlington Immigration Court and the Board of Immigration Appeals each have their own docketing priorities. While the firm does not quote specific timeframes, we monitor each case and follow up as appropriate. A well-prepared motion that contains all required evidence from the outset can reduce the likelihood of delays caused by requests for additional information.
What happens if my motion is denied?
If your motion is denied, you may have the option to appeal to a higher administrative body or seek judicial review in federal court, depending on the forum and the nature of the decision. A denial from USCIS may be appealed to the Administrative Appeals Office if the underlying application is appealable. A denial from an immigration judge may be appealed to the Board of Immigration Appeals, and a Board denial may be challenged in the appropriate U.S. Court of Appeals. Time limits for appeal are strict; prompt consultation with an attorney is essential to preserve rights.
Do I need a lawyer to file an immigration motion?
While individuals may file motions on their own behalf, immigration motions involve complex procedural rules and legal standards that make attorney assistance especially valuable. A motion that is deficient in form or substance may be rejected without a decision on the merits. The firm’s experience with the Customs and Immigration adjudication system allows us to craft motions that address the precise reasons for the prior denial and include the supporting evidence most likely to persuade the decision-maker. For Falls Church residents, our Fairfax location is easily accessible by appointment.
What documents should I bring to a consultation about an immigration motion?
Bring the denial notice or removal order, your complete immigration file, and any new evidence you believe supports your case. The denial notice is critical because it states the specific legal and factual grounds for the adverse decision. Your immigration file—including prior applications, biometrics notices, and correspondence—provides the context needed to build a motion. Any new documents, such as updated country-condition reports, birth or marriage certificates, or affidavits from witnesses, should be brought to the first meeting. To schedule an appointment, call (888) 437‑7747.
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Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Law Offices Of SRIS, P.C. serves clients by appointment at its Fairfax location. Phone answered 24 hours. Mr. Sris and the firm’s Of Counsel attorneys are admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
Case results depend on a variety of factors unique to each case.