Motion to Reconsider Lawyer Arlington County, VA
When USCIS, an immigration judge, or the Board of Immigration Appeals issues an unfavorable decision on an immigration matter, it can create serious consequences for you and your family. A motion to reconsider requests the same official who made the decision to look at it again, based on an error of law or fact in the earlier ruling. For Arlington County residents, these motions are processed through the same federal immigration agencies that handled the underlying case—including the Arlington Immigration Court at 1901 South Bell Street in Arlington, the Annandale Immigration Court, the Sterling Immigration Court, and the USCIS Washington District Office in Fairfax. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. assist clients in the Arlington area with immigration motions, including motions to reconsider, drawing on extensive combined legal experience between Mr. Sris and his Of Counsel. To discuss whether a motion to reconsider may be appropriate in your case, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Motion to Reconsider Means in Arlington County Immigration Proceedings
A motion to reconsider is not an appeal. It does not ask a higher authority to review the decision; instead, it asks the same immigration judge, USCIS officer, or BIA member who rendered the original decision to correct a specific error of law or fact. In Arlington County, the immigration court at 1901 South Bell Street hears removal proceedings, and motions connected to those cases are filed with that court. The Annandale and Sterling Immigration Courts also handle removal matters for Northern Virginia residents. When the error is in a USCIS decision (such as a denial of an adjustment-of-status application), the motion is filed with the USCIS Washington Field Office at 2675 Prosperity Avenue in Fairfax.
Strict deadlines apply. A motion to reconsider must be filed within the deadline of the decision for matters before an immigration judge or the BIA. For USCIS decisions, the general filing period is 30 days as well, though certain motions to reopen may be filed later under specific exceptions. Mr. Sris and his Of Counsel evaluate the underlying decision closely to identify legal or factual mistakes that could warrant reconsideration. Because immigration law changes frequently, recent policy guidance from USCIS or the EOIR may affect a motion’s likelihood of success, and an experienced attorney can help identify whether your case has a viable basis for reconsideration.
How Mr. Sris and His Of Counsel Approach Motions to Reconsider
Mr. Sris and his Of Counsel begin by reviewing the entire record of the original proceeding or application, including the evidence submitted and the written decision. They look for clear errors—misapplication of a statute, failure to consider material evidence, or reliance on incorrect facts. The motion itself must specify the error and explain why correction would change the outcome. For clients in Arlington County, the team prepares the motion, assembles the supporting documentation, and files it with the appropriate immigration authority, whether that is the immigration court, the BIA, or USCIS.
Timing is important. As soon as a decision is received, the clock starts. Clients are advised to contact counsel immediately so the motion can be drafted and filed within the applicable deadline. While a motion to reconsider does not stay removal in most cases, the immigration judge may grant a stay as part of the motion process, depending on the circumstances. Mr. Sris and his Of Counsel have handled immigration matters across practice areas since 1997. Results may vary.
Frequently Asked Questions
What is a motion to reconsider in immigration?
A motion to reconsider asks an immigration authority to correct an error of law or fact in its own decision. It does not ask for a new hearing based on changed circumstances—that is a motion to reopen. A motion to reconsider must point to a specific mistake in the original ruling. The decision-maker reviews the motion and may grant it, deny it, or issue a new decision correcting the error. The process is handled by the same USCIS office, immigration court, or BIA that issued the original decision.
Where do Arlington County residents file a motion to reconsider?
Arlington County residents file motions to reconsider with the same immigration authority that issued the decision. For removal proceedings, motions go to the Arlington Immigration Court at 1901 South Bell Street, Arlington, VA 22202, or the Annandale or Sterling Immigration Courts if those heard the case. For Board of Immigration Appeals decisions, the motion goes to the BIA in Falls Church, Virginia. For USCIS denials, the motion is filed with the USCIS Washington District Office at 2675 Prosperity Avenue, Fairfax, VA 22031. Mr. Sris and his Of Counsel handle motions before all of these bodies.
How long do I have to file a motion to reconsider?
The general deadline is 30 days from the date of the decision for matters before an immigration judge or the BIA. For USCIS decisions, the filing period is usually 30 days, though specific forms may allow longer windows under certain circumstances. Missing the deadline typically means the motion will be denied as untimely. It is important to contact an attorney as soon as you receive a negative decision so the motion can be prepared and filed promptly.
Can a motion to reconsider stop my deportation?
Filing a motion to reconsider does not automatically stop removal proceedings. However, a separate request for a stay of removal can be filed along with the motion, asking the immigration judge to pause the removal while the motion is being decided. Whether a stay is granted depends on factors such as the strength of the motion, the likelihood of success on the merits, and whether the individual would face irreparable harm if removed. Mr. Sris and his Of Counsel can assess whether a stay request is appropriate in your case.
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 decision; a motion to reopen introduces new evidence or seeks to rescind an order based on changed circumstances. A motion to reconsider argues that the decision was wrong when it was made. A motion to reopen argues that, even if the original decision was correct at the time, something new—such as newly obtained evidence or a change in country conditions—makes a different outcome appropriate. Both have strict deadlines and specific requirements.
What happens after a motion to reconsider is filed?
The immigration authority reviews the motion and supporting documents, then issues a written decision granting or denying the motion. If granted, the authority will either immediately issue a corrected decision or set a new hearing to reconsider the matter. If denied, the decision stands, though the denial itself may be appealable to the BIA or a federal circuit court in some circumstances. The length of time for a decision varies; immigration courts and USCIS do not adhere to fixed timelines. You can follow up with the court or agency through your attorney for status updates.
Do I need an attorney to file a motion to reconsider?
You are not required to have an attorney, but filing a motion to reconsider without legal help can be challenging. The motion must identify a specific error of law or fact and explain why that error affected the outcome. This requires a careful reading of the decision and an understanding of immigration statutes, regulations, and case law. An experienced attorney can assess whether you have a viable legal ground for reconsideration and prepare the strongest possible motion. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How much does a motion to reconsider cost in attorney fees?
Attorney fees for a motion to reconsider vary depending on the complexity of the case and the work required. The government filing fee for USCIS motions is $675 for most forms, though fee waivers may be available for income-eligible applicants. There is no separate government filing fee for motions filed with the immigration court or the BIA. During a consultation, the firm can discuss fee structures and provide an estimate based on your specific situation.
What types of errors can be the basis for a motion to reconsider?
A motion to reconsider can be based on an error of law or an error of fact. Legal errors include misinterpreting a statute, applying the wrong legal standard, or failing to follow binding precedent. Factual errors include overlooking material evidence, relying on incorrect information, or making a factual finding unsupported by the record. The motion must show that the error was not merely harmless—that correcting it would likely change the outcome. Mr. Sris and his Of Counsel evaluate decisions to determine whether a viable basis for reconsideration exists.
Can I file multiple motions to reconsider?
Generally, only one motion to reconsider is allowed per decision. Filing multiple motions on the same decision is often considered an abuse of process and may be rejected by the immigration court or USCIS. There are limited exceptions, such as when new authority permits a successive motion. If your first motion is denied, the next step is usually an appeal, not another motion to reconsider. Speaking with an attorney before filing can help you determine the most effective path forward.
What if my motion to reconsider is denied?
If a motion to reconsider is denied, you may have the right to appeal the denial to the next higher authority. For immigration court denials, an appeal goes to the Board of Immigration Appeals. For BIA denials, further review may be available in a federal circuit court. For USCIS denials, you may be able to file an administrative appeal or a motion to the Administrative Appeals Office, depending on the decision type. Because deadlines for appeals are strict, you should contact an attorney promptly after receiving a denial.
How does the Arlington Immigration Court handle motions to reconsider?
The Arlington Immigration Court processes motions to reconsider according to the Executive Office for Immigration Review’s practice manual and the Immigration Court Practice Manual. Motions must be served on the Department of Homeland Security’s Office of Chief Counsel and filed with the court. The court will set a briefing schedule for the government’s response, and a decision will be issued in writing. The pace of processing depends on the court’s docket, which can be substantial. Mr. Sris and his Of Counsel have experience with the Arlington Immigration Court and can guide you through its procedures.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced immigration law since founding the firm in 1997. A former prosecutor, Mr. Sris brings insight into how government decision-makers approach cases. He is assisted by the firm’s Of Counsel attorneys, each of whom contributes distinct professional experience. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to immigration matters. In Arlington County, the firm is known for its familiarity with the local immigration courts and USCIS field office procedures. The firm’s Arlington location is at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209. All consultations are by appointment; call (888) 437-7747 to schedule.
You may also find these related pages helpful: Fairfax County immigration lawyer, Prince William County immigration lawyer, Stafford County immigration lawyer, Loudoun County immigration lawyer, Fauquier County immigration lawyer.
For official information, see the Executive Office for Immigration Review (EOIR), the Board of Immigration Appeals, and U.S. Citizenship and Immigration Services.
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