Immigration Motion Lawyer Roanoke, VA
Immigration proceedings can involve complex legal issues that require filing motions with the immigration court, the Board of Immigration Appeals, or U.S. Citizenship and Immigration Services. Whether you need a motion to reconsider a denied visa petition, a motion to reopen removal proceedings based on new evidence, or a motion to suppress evidence obtained improperly, Law Offices Of SRIS, P.C. represents clients in Roanoke and throughout Virginia. Mr. Sris, Owner and Founder, and his Of Counsel team bring extensive combined legal experience. Results may vary. For a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Immigration Motion Means in Roanoke
For residents of Roanoke, immigration motions are a critical procedural tool used to request that an immigration judge, the Board of Immigration Appeals, or USCIS take a specific action, correct an error, or consider new facts in a pending immigration matter. Because immigration is exclusively federal, the courts and agencies that handle these motions are located outside the Roanoke area—primarily at the Arlington Immigration Court, the Sterling Immigration Court, and the USCIS Washington Field Office in Fairfax, Virginia. However, the outcome of a motion can have a direct and lasting impact on an individual’s ability to remain in the United States, obtain lawful status, or reunite with family.
Common immigration motions include motions to reopen, which ask the court to reconsider a case based on new evidence or changed country conditions; motions to reconsider, which argue that the original decision was legally or factually incorrect; and motions for bond redetermination, which seek to lower or set an immigration bond. Law Offices Of SRIS, P.C. helps clients in Roanoke prepare and file these motions, working to present the strong $1s under the Immigration and Nationality Act and applicable regulations. Mr. Sris and his Of Counsel are experienced in handling the procedural requirements and deadlines that are unique to immigration motion practice.
How Mr. Sris and His Of Counsel Handle Immigration Motion Cases
When you contact Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel begin by evaluating your immigration history, the prior decisions in your case, and the specific grounds for filing a motion. Because motions are often subject to strict time limits—for example, a motion to reconsider must generally be filed within 30 days of the order—timely action is essential. The team reviews the factual and legal basis for the motion, gathers supporting evidence, and drafts the motion and memorandum of law that clearly state why the requested relief should be granted.
In removal proceedings, motions can address issues such as termination of proceedings for a defective Notice to Appear, cancellation of removal eligibility, or suppression of evidence obtained in violation of constitutional rights. Mr. Sris and his Of Counsel appear before the immigration court and argue the motion at a hearing when necessary. Throughout the process, they work to keep you informed and to pursue a favorable resolution. Results may vary. Each matter depends on the specific facts and the court’s exercise of discretion.
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 has practiced immigration law since 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 representing clients before the immigration courts, the Board of Immigration Appeals, and federal district and circuit courts.
Mr. Sris is supported by Of Counsel attorneys with extensive legal backgrounds, including a former Virginia State Trooper who provides insight into enforcement procedures and evidence-gathering. Together, the team works collaboratively to prepare immigration motions and to advocate for clients’ interests. Law Offices Of SRIS, P.C. has served clients in Roanoke and across Virginia for decades, handling matters that range from family-based petitions to complex removal defense.
Frequently Asked Questions
What is an immigration motion?
An immigration motion is a formal request asking an immigration judge, the Board of Immigration Appeals, or USCIS to take a specific action or correct an error in a pending immigration matter. Motions are used to reopen a case based on new evidence, reconsider a decision that may have been legally or factually incorrect, or address procedural issues such as a defective Notice to Appear. The rules governing immigration motions are found in the Immigration and Nationality Act and the regulations of the Executive Office for Immigration Review. Filing a motion requires a detailed legal argument and supporting documentation. An experienced attorney can determine whether a motion is appropriate and can prepare it in compliance with the applicable deadlines and procedural rules.
Do I need a lawyer to file an immigration motion in Roanoke?
While you are not required to have a lawyer to file an immigration motion, doing so without legal representation can be risky because motions involve complex procedural and substantive requirements. The immigration system has strict deadlines, specific formatting rules, and legal standards that require a thorough understanding of case law and regulations. An experienced lawyer can evaluate whether there is a valid basis for the motion, gather the necessary evidence, and draft a persuasive legal argument. Law Offices Of SRIS, P.C. serves clients in Roanoke and offers consultations by appointment. To discuss your situation, call (888) 437-7747.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen asks the immigration court to consider new facts or evidence that were not previously available, while a motion to reconsider challenges the legal or factual correctness of a prior decision. A motion to reopen might be filed when country conditions have changed dramatically, or when newly discovered evidence supports a claim for relief. A motion to reconsider argues that the judge misapplied the law or overlooked important evidence. Both motions have strict filing deadlines and are subject to different legal standards. Mr. Sris and his Of Counsel evaluate which type of motion is appropriate based on the circumstances of your case.
How long does it take for an immigration motion to be decided?
The time it takes for an immigration motion to be decided varies depending on the court, the type of motion, and the complexity of the issues involved. Some motions may be adjudicated within a few weeks if they are routine, while others can take several months or longer, especially if the immigration court has a heavy caseload. The Board of Immigration Appeals generally issues decisions within weeks to a few months after briefing is complete. There is no fixed timeline, and the schedule depends on the court’s calendar. For a general estimate based on the specific type of motion in your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I file a motion to terminate my removal proceedings?
Yes, a motion to terminate removal proceedings can be filed when there is a legal basis, such as a defective Notice to Appear, eligibility for an immigration benefit, or prosecutorial discretion. Under the Pereira and Niz-Chavez decisions, an incomplete Notice to Appear may deprive the immigration court of jurisdiction, and a motion to terminate may be granted. Other grounds include pending adjustment-of-status applications that would make you eligible for relief, or a determination that the government’s charging document is substantively invalid. Each case is fact-specific, and not every motion to terminate will be successful. Working with an experienced attorney can help identify the strongest grounds for termination.
What should I bring to a consultation about an immigration motion?
For a consultation regarding an immigration motion, it is helpful to bring copies of all immigration-related documents, including prior orders, hearing notices, applications, and any correspondence from USCIS or the immigration court. Also bring documents that support the basis for the motion, such as new evidence, country condition reports, or proof of changed circumstances. A list of questions and a timeline of events in your case can help the attorney understand your situation quickly. Law Offices Of SRIS, P.C. offers consultations by appointment. Call (888) 437-7747 to schedule a time to review your matter.
Additional Immigration Resources: Virginia Immigration Lawyer | Virginia Motion to Reconsider Lawyer | Virginia Deportation Defense Lawyer | Virginia Cancellation of Removal Lawyer
For official Virginia judicial information, visit the Virginia Judicial System and the Commonwealth of Virginia.
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