Motion to Reconsider Lawyer Roanoke County, VA
When an immigration application, petition, or request for relief is denied by U.S. Citizenship and Immigration Services (USCIS), an immigration judge, or the Board of Immigration Appeals (BIA), a motion to reconsider can be a critical tool to challenge the decision. For residents of Roanoke County, Virginia, where affirmative applications are processed through the USCIS Washington Field Office in Fairfax and removal proceedings are heard at the Arlington Immigration Court, a well-prepared motion to reconsider must identify a specific legal error in the prior ruling. Law Offices Of SRIS, P.C. assists Roanoke County individuals and families with motions to reconsider adverse immigration decisions. Mr. Sris, Owner and Founder of the firm, and his Of Counsel team bring extensive experience in immigration law across Virginia, Maryland, the District of Columbia, New Jersey, and New York. To request a consultation about a motion to reconsider, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Motion to Reconsider Means in Roanoke County
Immigration matters for Roanoke County residents are handled at federal facilities, not in the Roanoke County General District Court or Roanoke County Circuit Court. Affirmative applications—including green card petitions, adjustment of status, naturalization, and family-based petitions—are processed at the USCIS Washington District Office at 2675 Prosperity Avenue, Fairfax, Virginia 22031. Removal proceedings (deportation defense) for individuals detained or placed in removal proceedings are heard at the Arlington Immigration Court, 1901 South Bell Street, Arlington, Virginia 22202. When either body issues a denial, the individual may file a motion to reconsider with the same office that made the decision, arguing that the decision was based on an error of law or misapplication of the statute.
The Immigration and Nationality Act and its implementing regulations, administered by the Executive Office for Immigration Review (EOIR), govern the deadlines and requirements for motions to reconsider. While specific timelines vary by the type of decision and the authority that issued it, prompt action is essential because late-filed motions are generally rejected. A motion to reconsider does not introduce new evidence; it focuses on legal argument—pointing out that the adjudicator misapplied the law, ignored relevant precedent, or overlooked controlling provisions. Residents of Salem, Vinton, Cave Spring, Hollins, Catawba, and other Roanoke County communities can seek representation from Law Offices Of SRIS, P.C. to prepare and file such motions.
How Mr. Sris and His Of Counsel Handle Immigration Motions to Reconsider
Mr. Sris and his Of Counsel approach each motion to reconsider by first carefully reviewing the denial decision, the original application, and all supporting documentation. They identify whether the decision contains a legal mistake—such as an incorrect interpretation of the Immigration and Nationality Act, a failure to consider relevant precedent, or a procedural error. The motion is then drafted to address the specific error, citing statutes, regulations, and case law that support the request for reconsideration.
After the motion is filed with the appropriate USCIS office or the immigration court, the adjudicator reviews the motion and the record. The process can take varying amounts of time, depending on the workload of the office and the complexity of the legal issue. Throughout the process, Mr. Sris and his Of Counsel remain in contact with the client about the status and any additional steps. While no outcome can be past results do not guarantee a similar outcome, the goal is to present a compelling argument for reversal or modification of the prior decision.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and his practice includes immigration law across all five jurisdictions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team is composed of experienced attorneys engaged through Excella, who bring over 120 years of combined legal experience between them and Mr. Sris. Results may vary. Together, Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997.
Frequently Asked Questions
What is a motion to reconsider in immigration?
A motion to reconsider is a formal request to the immigration authority—USCIS, an immigration judge, or the BIA—to review a prior adverse decision based on a claim that the decision was legally erroneous. Unlike a motion to reopen, it does not introduce new facts; instead, it argues that the adjudicator misapplied the law, failed to consider relevant precedent, or made a procedural error. The motion must specify the error and include supporting legal authority. Filing deadlines are set by regulation and depend on the type of decision. An experienced immigration attorney can evaluate whether a reconsideration motion has merit and prepare the required filing.
When should I file a motion to reconsider after a denial?
You should file a motion to reconsider within the timeframe prescribed by the applicable regulations—typically within 30 days of the denial, but the exact deadline depends on the type of decision and the authority that issued it. Late motions may be rejected without review, so it is important to act without delay. For USCIS denials, the deadline is generally 30 days from the date of the decision; for immigration judge decisions, a similar deadline often applies. Mr. Sris and his Of Counsel review the denial order to confirm the applicable deadline and ensure the motion is filed on time.
Do I need a lawyer for a motion to reconsider?
You are not required to have an attorney to file a motion to reconsider, but immigration law is complex, and a successful motion demands precise legal argument identifying specific errors in the prior decision. An experienced immigration lawyer can analyze the denial, research the controlling law, and draft a motion that directly addresses the legal mistakes. Self-represented individuals often struggle to articulate the legal error and may miss key procedural requirements. For residents of Roanoke County, Mr. Sris and his Of Counsel can assist with preparing and filing motions with USCIS or the Arlington Immigration Court.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider argues that the prior decision contained a legal error, while a motion to reopen seeks to present new, material evidence that was not previously available and could affect the outcome. The two motions serve distinct purposes, and the choice between them depends on the basis for challenging the decision. If the denial was based on a misapplication of the law, a motion to reconsider is the appropriate tool. If new evidence—such as a previously unavailable document or witness—has come to light, a motion to reopen may be filed. In some cases, both may be filed together, but each must meet its own requirements.
How does the motion to reconsider process work for Roanoke County residents?
For Roanoke County residents, a motion to reconsider is filed with the same USCIS office or immigration court that issued the denial. Affirmative applications denied by the USCIS Washington Field Office in Fairfax require a motion submitted to that office. If the denial came from an immigration judge at the Arlington Immigration Court, the motion is filed with that court. The adjudicator reviews the motion and the record; the timeline varies. Mr. Sris and his Of Counsel represent clients throughout the process, from evaluating the denial to drafting and filing the motion and monitoring for a decision.
What documents should I gather for a motion to reconsider?
Gather the denial notice, the original application and all supporting documents, any correspondence with immigration authorities, and any evidence that demonstrates the legal error—such as statutes, regulations, or case law that the decision overlooked. Your attorney will use these documents to identify the legal mistake and prepare the motion. Additional documents, such as an index of authorities or a legal brief, may be required. Organizing these materials early can help the review process move more efficiently. Mr. Sris and his Of Counsel guide clients through compiling the necessary paperwork.
Related pages: Fairfax County Immigration Lawyer | Fairfax City Immigration Lawyer | Falls Church Immigration Lawyer | Prince William County Immigration Lawyer | Manassas Immigration Lawyer
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Results may vary.
Case results depend on a variety of factors unique to each case.