Motion to Reconsider Lawyer Roanoke, VA
When an immigration decision goes against you—whether from U.S. Citizenship and Immigration Services (USCIS), an immigration judge, or the Board of Immigration Appeals—you may have the right to ask the agency to take a second look through a motion to reconsider. Law Offices Of SRIS, P.C. assists clients in Roanoke and throughout Virginia with preparing and filing these motions, working to identify legal or factual errors that may have affected the original outcome. Federal immigration rules impose specific deadlines and technical requirements, and a well-prepared motion can give you another opportunity to present your case. To discuss your situation, call (888) 437-7747 and request a consultation.
What a Motion to Reconsider Means for Roanoke Residents
Immigration law is federal, so the process for a motion to reconsider does not change based on your zip code. Still, our firm understands that Roanoke families and employers who are navigating the immigration system want counsel who is accessible and who knows how the relevant agencies work. A motion to reconsider is a formal request that asks USCIS, the immigration court, or the Board of Immigration Appeals to re-examine its earlier adverse ruling. The motion must point to a specific error of law or a misapplication of policy in the prior decision; it is not a chance to simply reargue the same facts or to submit evidence that could have been offered earlier.
For Roanoke residents, the motion is filed with the same federal office that made the original decision. That may be the USCIS field office that denied an adjustment‑of‑status application, the Arlington Immigration Court that ordered removal, or the Board of Immigration Appeals that affirmed a denial. Because immigration motions are time‑sensitive, it is important to act promptly after receiving an unfavorable notice. Our firm reviews the decision, identifies potential legal errors, and drafts a focused motion that explains why reconsideration is warranted under the governing statute and regulations.
How Mr. Sris and His Of Counsel Handle Immigration Motions
When Mr. Sris and his Of Counsel take on a motion to reconsider, the first step is a careful review of the entire record—the original application or petition, the evidence submitted, and the written decision. The goal is to pinpoint a mistake that meets the legal standard for reconsideration, such as a misreading of the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) or a failure to properly apply a published precedent. The motion itself must be concise, grounded in law, and supported by citation to statutes, regulations, or case decisions.
Once the motion is filed, the firm monitors its progress and responds to any requests for additional information. If the motion is granted, the case moves forward on the merits; if it is denied, Mr. Sris and his Of Counsel may evaluate whether an appeal to a higher administrative body or to a federal appellate court is available. Because every case is different, the approach is tailored to the specific procedural history and the client’s long‑term immigration goals.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced immigration law since the firm was founded in 1997. He is admitted 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 Of Counsel bring additional immigration experience, forming a collaborative team that serves Roanoke clients in matters before USCIS, the immigration court, and the Board of Immigration Appeals.
Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. The team works closely with each client to evaluate the viability of a motion to reconsider and to pursue the trusted … Path forward.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a formal request that asks the same immigration authority that denied an application or petition to re-assess its ruling based on an error of law or a misapplication of policy. Unlike a motion to reopen, it does not introduce new facts; instead it challenges the legal reasoning itself. Motions to reconsider are governed by the Immigration and Nationality Act and federal regulations, and they must be filed within strict deadlines. An experienced attorney can help determine if the decision contains a reviewable legal mistake.
When is a motion to reconsider appropriate?
You may file a motion to reconsider when you believe the agency or court incorrectly applied the law, overlooked binding precedent, or relied on an inaccurate reading of the statute or regulations. It is not a vehicle for updating evidence or correcting factual omissions unless the error is tied to the law’s application. Timing is critical; motions must generally be filed within 30 days of the decision before the immigration court or 30 days from the Board’s decision, though USCIS deadlines may vary. Prompt consultation with counsel helps preserve your right to seek reconsideration.
How does a motion to reconsider differ from a motion to reopen?
A motion to reconsider challenges the legal basis of a prior decision, while a motion to reopen asks the agency to consider new evidence or changed circumstances that were not available earlier. The two are distinct remedies with different filing deadlines and evidentiary standards. Sometimes both can be filed together if a case presents both a legal error and newly discovered material evidence. Understanding which motion fits your situation is essential for a realistic chance of success.
Can a motion to reconsider stop deportation proceedings?
Filing a motion to reconsider with the immigration court or the Board of Immigration Appeals does not automatically stop removal proceedings. However, a timely‑filed motion may affect the schedule, and if the motion is granted and the case is reopened or the decision is reversed, the deportation order may no longer be final. An attorney can advise you on whether a stay of removal is needed while the motion is pending and whether your particular circumstances support such a request.
How long does USCIS or the immigration court take to decide a motion?
The time to decide a motion to reconsider depends on the backlog of the particular office and the complexity of the case. Some motions are resolved within a matter of months; others may take longer, especially if the agency requests supplementary briefing. Because each case is different, no fixed timeline can be promised. Our firm keeps clients informed as the motion progresses and promptly responds to any agency inquiries.
Do I need a lawyer to file a motion to reconsider in Roanoke, VA?
You are not required to have an attorney to file a motion to reconsider, but given the technical legal arguments required, working with an experienced immigration lawyer increases the chance that the motion is properly prepared and presents the strongest possible legal challenge. Motions must cite specific statutes, regulations, and precedent decisions, and they must comply with strict formatting and filing rules. For a consultation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Additional immigration resources for Roanoke residents:
- Immigration lawyer Fairfax County, VA
- Immigration lawyer Fairfax, VA
- Immigration lawyer Falls Church, VA
- Immigration lawyer Prince William County, VA
- Immigration lawyer Manassas, VA
For official Virginia court information, visit the Virginia Judicial System. For the Virginia Code, see Virginia Legislative Information System.
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.