Motion to Reconsider Lawyer Fairfax County, VA

An unfavorable immigration decision from U.S. Citizenship and Immigration Services (USCIS), the Arlington Immigration Court, or the Board of Immigration Appeals can create uncertainty for you and your family. A motion to reconsider is a formal request asking the immigration authority to review its decision based on an alleged error of law or fact—not merely a disagreement with the outcome. For residents of Fairfax County, Virginia, affirmative applications such as adjustment of status, naturalization, and family petitions are processed at the USCIS Washington Field Office, while removal defense cases are heard at the Arlington Immigration Court. When a motion to reconsider is filed properly and supported by persuasive legal argument, it may result in a reversal, reopening, or further review of the case. Mr. Sris and the firm’s Of Counsel attorneys assist clients throughout Fairfax County—including Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, and Springfield—in evaluating whether a motion to reconsider is appropriate and in preparing the required documentation. To discuss your immigration matter and explore whether a motion to reconsider is an option, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What a Motion to Reconsider Means in Fairfax County Immigration Cases

In immigration law, a motion to reconsider challenges a decision by USCIS, an immigration judge, or the Board of Immigration Appeals on the grounds that the decision was based on an incorrect application of the law or a mistake of fact. The motion must identify specific legal or factual errors in the prior ruling and must be supported by a detailed brief and relevant evidence. It is not an opportunity to reargue the same points already presented; instead, it must demonstrate that the deciding officer or judge overlooked or misapplied the controlling law or misconstrued a critical fact. The legal framework for motions to reconsider is found in the Immigration and Nationality Act and the regulations of the Executive Office for Immigration Review (EOIR). Because the motion must be filed before the decision becomes final and within the strict timeframe set by the applicable immigration regulations, prompt action is critical. Once the motion is docketed, the immigration authority reviews the submission and issues a decision—either granting the motion and reversing or reopening the case, or denying the motion and leaving the prior decision in effect.

For Fairfax County residents, the venue where a motion to reconsider is filed depends on the type of decision being challenged. Affirmative filings—such as a denied I-485 application to adjust status or a rejected naturalization application—must generally be directed to the USCIS Washington Field Office on Prosperity Avenue in Fairfax. If the decision arises from removal proceedings, the motion is filed with the Arlington Immigration Court on South Bell Street in Arlington, which has jurisdiction over Fairfax County. For appeals pending before the Board of Immigration Appeals, a motion to reconsider may be filed directly with the Board. Each forum has its own procedural requirements and deadlines. The firm’s immigration practice helps clients navigate these procedures and prepare a motion that meets the specific legal standards of the reviewing authority.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Motion to Reconsider Matters

When a client receives an unfavorable immigration decision, the first step is a thorough review of the decision notice and the underlying record. Mr. Sris and the firm’s Of Counsel attorneys examine the legal reasoning, the evidentiary record, and the procedural history to identify any error that could form the basis of a motion to reconsider. If a colorable error exists, the team works with the client to gather additional supporting documents, declarations, and expert reports where appropriate. The motion itself is drafted as a comprehensive legal brief that pinpoints the mistake, explains the correct legal standard, and demonstrates how the error affected the outcome. The motion is filed with the appropriate immigration authority along with a complete exhibits package. After filing, the firm monitors the status of the motion and, if necessary, pursues further administrative appeals or federal court review.

Motions to reconsider can arise in many immigration contexts, including family-based petitions, employment-based green cards, naturalization, cancellation of removal, and immigration court proceedings. The approach is tailored to the specific facts of each case and the rules of the reviewing body. Because immigration regulations and agency policies change frequently, the firm stays current on developments that may affect pending motions. The goal is to present a well-supported legal argument that convinces the immigration authority to correct its error and grant the relief sought.

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 established the firm in 1997. He is admitted to practice 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). His experience includes immigration law, criminal defense, and family law, and he leads the firm’s immigration practice. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to each matter. Results may vary. in your case. Consultations are available by appointment at the firm’s Fairfax Location, located at 4008 Williamsburg Court, Fairfax, VA 22032. Reach the firm at (888) 437-7747.

Frequently Asked Questions

What is a motion to reconsider in immigration law?

A motion to reconsider is a formal request to the immigration authority to review its decision based on an error of law or fact. It does not ask the immigration judge or officer to re-evaluate a discretionary decision; it argues that the legal analysis or factual findings were incorrect. Motions to reconsider are governed by the Immigration and Nationality Act and EOIR regulations and can be filed with USCIS, the immigration court, or the Board of Immigration Appeals, depending on the stage of the case. A successful motion must identify a specific mistake and explain how it affected the decision. Because the motion must be filed within the regulatory deadline, consulting an immigration attorney promptly after receiving an adverse decision is important.

When can I file a motion to reconsider with USCIS or the immigration court?

You may file a motion to reconsider after an unfavorable decision, but only within the time permitted by the applicable regulations and before the decision becomes final. The filing deadlines vary by the type of decision and the reviewing authority; they are strictly enforced. If you miss the deadline, the motion will likely be rejected. For decisions issued by the Arlington Immigration Court, the timeframe is governed by EOIR rules, while for USCIS decisions, the Department of Homeland Security regulations set the limit. An experienced immigration attorney can evaluate your decision notice, determine the applicable deadline, and help you file a timely motion that addresses the specific legal or factual errors.

What is the difference between a motion to reconsider and a motion to reopen?

A motion to reconsider argues that the decision was erroneous based on the existing record, while a motion to reopen seeks to present new evidence or changed circumstances. A motion to reconsider claims that the immigration authority misapplied the law or made a factual mistake; it does not introduce new facts. A motion to reopen identifies evidence that was not previously available, such as a new qualifying family relationship, changed country conditions, or previously unavailable documents. Knowing which type of motion is appropriate for your case requires a careful analysis of the reasons for the denial and the evidence you have. The firm can assess your situation and advise whether a motion to reconsider, a motion to reopen, or another form of relief is the trusted course of action.

Do I need a lawyer for a motion to reconsider in Fairfax County?

You are not required to have a lawyer to file a motion to reconsider, but legal representation can strengthen your motion and improve the chance of success. Motions to reconsider are complex legal filings that must comply with procedural rules and demonstrate a clear error of law or fact. A misstatement or omission can lead to denial. An attorney familiar with local practice at the USCIS Washington Field Office and the Arlington Immigration Court can craft a persuasive motion, compile supporting evidence, and ensure compliance with all filing requirements. For Fairfax County residents, the firm’s immigration attorneys can evaluate whether a motion is viable and handle the preparation and submission.

What happens if my motion to reconsider is denied?

If your motion to reconsider is denied, you may still have options to appeal or seek another form of immigration relief, depending on the circumstances. For USCIS decisions, you may be able to appeal to the Administrative Appeals Office (AAO) or, in certain cases, to the Board of Immigration Appeals. In removal proceedings, a denial of a motion typically results in the reinstatement of a removal order, but you can appeal the denial to the Board. A denial does not necessarily end your immigration case; you may be eligible for a different type of application, or you may challenge the denial in federal court. An immigration attorney can review the denial, explain your appeal rights, and help you decide the trusted next step.

How long does it take to get a decision on a motion to reconsider?

Processing times for motions to reconsider vary widely depending on the immigration authority and the complexity of the case. USCIS does not publish fixed decision timelines for motions, and the Board of Immigration Appeals has its own internal priorities. In some instances, a decision may be issued relatively quickly; in others, particularly where the record is large or the legal issues are complex, it can take many months. The volume of cases at the Washington Field Office and the Arlington Immigration Court can also affect the timeline. While a motion is pending, the firm’s attorneys monitor the status and follow up as appropriate to encourage a timely adjudication.

Official Resources: Virginia’s Judicial System | Virginia Legislative Information System

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Last reviewed: July 2026

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