Motion to Reconsider Lawyer Manassas, VA

If you or a family member received an unfavorable decision from U.S. Citizenship and Immigration Services, the Immigration Court, or the Board of Immigration Appeals, a motion to reconsider may be an available remedy. A motion to reconsider asks the same decision‑maker to review its earlier determination based on an error of law or fact that appears on the record. The process is technical, time‑sensitive, and governed by specific federal regulations. Mr. Sris and the firm’s Of Counsel attorneys represent clients in Manassas, Virginia, and throughout Northern Virginia, in filing and litigating motions to reconsider before USCIS, the Arlington Immigration Court, and the Board of Immigration Appeals. To discuss whether a motion to reconsider is appropriate in your immigration matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Is a Motion to Reconsider in Immigration Law?

A motion to reconsider is a request directed to the same immigration body that issued a prior adverse decision. Unlike a motion to reopen—which asks the adjudicator to consider new facts or evidence—a motion to reconsider argues that the earlier ruling was legally or factually incorrect based on the record that already existed at the time of the decision. The motion must identify the specific error and explain why the decision should be changed.

For Manassas residents, immigration motions are handled by the agency or court that rendered the underlying order. Affirmative applications are processed at the USCIS Washington District Office in Fairfax. Removal‑related motions are filed with the Arlington Immigration Court at 1901 South Bell Street, Arlington, VA 22202, or, if an appeal is pending, with the Board of Immigration Appeals. The firm’s Fairfax Location is conveniently situated to serve individuals throughout Prince William County, Manassas City, and Manassas Park.

Frequently Asked Questions

What is a motion to reconsider in immigration court?

A motion to reconsider asks the immigration judge or Board of Immigration Appeals to re‑examine a prior decision based on an error of law or fact that appears in the existing record. The motion must establish that the earlier ruling overlooked a point of law, misapplied a statute or regulation, or misconstrued a key fact that was already before the court. It is not a vehicle for introducing new evidence; that function belongs to a motion to reopen. Deadlines apply, and the standard of review is high. An experienced immigration attorney can evaluate whether a motion to reconsider is warranted.

When can I file a motion to reconsider an immigration decision?

Generally, a motion to reconsider must be filed within a specific period after the entry of the final decision, as set by statute or regulation. The exact deadline depends on the forum. For example, before the Board of Immigration Appeals, a motion to reconsider is typically due within 30 days. Before an immigration judge, the timeframe may differ. Missing the deadline can waive the right to seek reconsideration. An attorney can determine the applicable deadline and prepare the motion promptly.

How does a motion to reconsider differ from a motion to reopen?

A motion to reconsider challenges the correctness of a decision based on the existing record; a motion to reopen asks the adjudicator to consider new evidence that was not previously before it. Both are distinct procedural tools with separate filing deadlines and legal standards. In some circumstances, an individual may file both motions simultaneously. Understanding which motion is appropriate—or whether both should be pursued—requires careful analysis of the underlying case. The firm’s Of Counsel attorneys can assess the trusted strategy for your situation.

What are the grounds for a motion to reconsider before the Board of Immigration Appeals?

A motion to reconsider before the BIA must identify an error of law or fact in the Board’s decision and be supported by pertinent authority. The motion should specify the statute, regulation, or precedent decision that was misapplied or overlooked. It must not merely reargue previously presented points. Consulting with an attorney is critical because the Board applies a strict standard and may deny the motion if it does not clearly identify a legal or factual error.

Do I need a lawyer to file a motion to reconsider in Virginia?

You are not required to have an attorney, but motions to reconsider are technical filings that demand precise legal argument and adherence to procedural rules. Immigration regulations, the Immigration and Nationality Act, and federal case law govern the process. A misstep can result in denial or even make the underlying order final. Mr. Sris and the firm’s Of Counsel attorneys have experience preparing and arguing immigration motions. To discuss your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

What happens if my motion to reconsider is denied?

If the motion is denied, the original adverse decision remains in effect, and the individual may need to explore other remedies such as an appeal to a higher body or, in removal cases, other forms of relief. Denial does not automatically create new appeal rights, and the individual must comply with any orders already in place. An attorney can review the denial and advise on subsequent steps, including whether a further appeal is viable.

How long does the motion to reconsider process take in Virginia?

The processing timeline varies depending on the forum, the complexity of the issues, and the caseload of the adjudicator. Some motions are resolved in a matter of months; others can take longer if the decision raises complex legal questions. There is no guaranteed turnaround. Contact the firm for a case‑specific assessment of what to expect.

How much does it cost to file a motion to reconsider?

Government filing fees, if any, are set by the relevant agency or court and are subject to change. Fee waivers may be available for individuals who demonstrate financial hardship. Attorney fees are discussed during a consultation and depend on the complexity of the motion. To obtain current fee information and discuss representation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Can a motion to reconsider stop deportation?

Filing a motion to reconsider does not automatically stay an order of removal; a separate request for a stay of removal may be necessary. If removal is imminent, immediate action is required. The Arlington Immigration Court and the Board of Immigration Appeals have procedures for seeking emergency stays. Because the consequences are severe, anyone facing deportation should consult with an immigration attorney without delay.

What should I bring to a consultation with an immigration lawyer in Manassas?

Bring copies of all relevant immigration documents, including the underlying decision, any prior motions, your alien registration number, correspondence from USCIS or the immigration court, and any notices or orders you have received. If family members are involved, bring their documents as well. The more complete the file, the better an attorney can assess whether a motion to reconsider is a viable option.

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 with extensive experience in immigration matters, including motions practice before USCIS, the immigration courts, and the Board of Immigration Appeals. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys bring additional depth in immigration law and procedure. Together, Mr. Sris and the firm’s Of Counsel attorneys represent clients in Manassas, Manassas Park, and throughout Prince William County from the Fairfax Location at 4008 Williamsburg Court, Fairfax, VA 22032. All consultations are by appointment. Call (888) 437‑7747 to schedule.

Related Immigration Practice Pages: Manassas Park Immigration Lawyer | Prince William County Immigration Lawyer | Fairfax County Immigration Lawyer

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

Case results depend on a variety of factors unique to each case.