A Motion to Reconsider is a legal request submitted to an immigration court or administrative agency, seeking a review of a previous decision made in an immigration case. This motion asks the decision-maker to reconsider their ruling based on new evidence, legal errors, or changed circumstances.
Navigating the aftermath of a denied petition or application with the U.S. Citizenship and Immigration Services (USCIS) requires strategic and timely action.
Navigating the aftermath of a denied petition or application with the U.S. Citizenship and Immigration Services (USCIS) requires strategic and timely action.
If faced with a denial, you have the following options:
- File a New Petition: Initiating a new petition can be an effective approach. This allows you to address any shortcomings or issues that led to the initial denial. Learn from the feedback received and strengthen your case with additional documentation or clarifications.
- File a Motion to Reopen: A motion to reopen is another avenue for redress. This option is applicable when there are new facts or evidence that were not previously considered. Your submission must comprehensively explain the new elements and provide supporting evidence to strengthen your case.
- File a Motion to Reconsider: If you believe that the denial was based on an incorrect application of law or USCIS policy, filing a motion to reconsider is a strategic move. This involves presenting case law that supports your argument and demonstrates the erroneous nature of the decision.
A Motion for reopening must articulate newly discovered facts and substantiate them with evidence that was not previously presented. Furthermore, a Motion for reconsideration should be accompanied by relevant case law demonstrating that the initial decision was grounded in an erroneous application of the law or USCIS policy. These motions can be filed independently or in combination, depending on the specifics of your case.
The primary distinction between a Motion to Reconsider and a Motion to Reopen lies in the type of evidence considered. While a Motion to Reopen involves presenting new facts, a Motion to Reconsider urges the Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) to reevaluate the case based on existing evidence. It is essential to demonstrate that the initial decision was incorrect due to the misapplication of law or facts. This assertion should be substantiated by:
Filing a motion to reconsider is time-sensitive, as it must be submitted within 30 days of the issuance of the final order of removal. It is crucial to adhere to a 30-day timeline for submission unless circumstances beyond your control caused a reasonable delay. In such instances, a justifiable reason must be provided.
To initiate either motion, submit a completed Form I-290B, Notice of Appeal or Motion, to the relevant mailing address. This formal submission is a critical step in the appeals process and requires accurate and timely completion.
- A precedent or adopted decision, which refers to a ruling from a previous case that has become an official policy.
- A statutory or regulatory provision.
- A statement of policy from the USCIS or the Department of Homeland Security (DHS).
Filing a motion to reconsider is time-sensitive, as it must be submitted within 30 days of the issuance of the final order of removal. It is crucial to adhere to a 30-day timeline for submission unless circumstances beyond your control caused a reasonable delay. In such instances, a justifiable reason must be provided.
To initiate either motion, submit a completed Form I-290B, Notice of Appeal or Motion, to the relevant mailing address. This formal submission is a critical step in the appeals process and requires accurate and timely completion.
Requirements for a Motion to Reconsider
- Final decision: The motion can only be filed if a final decision has been issued in the case. It cannot be used to challenge interim or non-final rulings.
- Timely filing: The motion must be filed within the specified deadline, which is typically within 30 days of the final decision. Failing to meet the deadline may result in the motion being denied as untimely.
- Legal Errors: Highlight legal errors or misinterpretations of law made by the decision-maker.
- Meritorious arguments: The motion should provide compelling arguments explaining why the previous decision was incorrect, unjust, or inconsistent with applicable laws or regulations.
- Detailed legal arguments: The motion should clearly outline the legal basis for reconsideration, highlighting the specific errors or new evidence that support the request. It should include references to relevant statutes, regulations, case law, or legal precedents.
- Supporting documentation: Any new evidence or supporting documentation that strengthens the case or addresses the identified errors should be included with the motion. This can include affidavits, expert opinions, official records, or other relevant documents.
It is highly recommended to seek the assistance of an experienced immigration attorney to prepare and submit a Motion to Reconsider. An attorney can assess the strength of the case, identify legal errors, gather necessary evidence, and present a persuasive argument for reconsideration.
We specialize in navigating the complexities of immigration law. Our experienced team is dedicated to assisting clients in pursuing the most effective course of action after a USCIS denial. Contact us for expert guidance tailored to your unique situation.
We specialize in navigating the complexities of immigration law. Our experienced team is dedicated to assisting clients in pursuing the most effective course of action after a USCIS denial. Contact us for expert guidance tailored to your unique situation.