Motion to Reconsider Lawyer Botetourt County, VA
If you or a family member in Botetourt County, Virginia has received an unfavorable decision from U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), or the Board of Immigration Appeals (BIA), you may have the right to seek a motion to reconsider. A motion to reconsider allows you to ask the agency or court that issued the decision to reexamine its ruling based on an error of law or fact. Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. represent clients in Botetourt County and throughout Virginia in immigration matters, including motions to reconsider. To discuss your case, call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is a Motion to Reconsider in Immigration Law?
A motion to reconsider is a formal request to an immigration body—such as USCIS, an immigration court, or the BIA—to review its own decision because the decision may contain a legal or factual mistake. Unlike a motion to reopen, which introduces new, previously unavailable evidence, a motion to reconsider argues that the original decision was wrong based on the existing record. For Botetourt County residents, these motions may be filed with the USCIS Washington District Office, 2675 Prosperity Avenue, Fairfax, VA 22031 for application‑based matters, or with the Arlington Immigration Court, 1901 South Bell Street, Arlington, VA 22202 if the case is in removal proceedings. The motion must identify a specific error—for example, a misapplication of the law or an oversight of material evidence already in the file. Under the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) and the accompanying federal regulations, motions to reconsider are subject to strict procedural rules and time limits. Meeting those requirements often determines whether the motion will even be considered, making legal guidance particularly important.
Because immigration policy and agency interpretations change frequently, an argument that might have succeeded in one procedural year could fail in the next. Our firm stays current on developments and tailors each motion to the precise standard the adjudicator must apply. We help clients frame the error in a way that the reviewing body is most likely to accept, while also attending to the technical requirements that can trip up an unrepresented person.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Motions to Reconsider
When we represent a Botetourt County client in a motion to reconsider, we begin by obtaining the full administrative record and the decision itself. We then analyze whether the decision‑maker misapplied the law, relied on inaccurate facts, or failed to consider controlling legal authority. If a viable ground for reconsideration exists, we draft a motion that pinpoints the error and explains why the outcome should be corrected. The motion is filed within the deadline that applies to the particular agency or court, and we monitor the case closely for any response. If the matter is pending before the Arlington Immigration Court, our attorneys appear at the scheduled hearings; if it is before USCIS, we file paper submissions and handle inquiries on behalf of the client.
Throughout the process, we advise clients on related issues—such as whether filing a motion to reconsider automatically pauses a removal order and whether a separate stay of removal may be needed. Because immigration law is exclusively federal, the same substantive rules apply regardless of where in Virginia the client lives, but the venue—whether Arlington Immigration Court, the Washington Field Office, or a BIA panel—determines the procedural steps and the style of advocacy that is most effective. Our experience appearing in those forums gives Botetourt County residents a capable advocate for what can be a complex post‑decision proceeding.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 after serving as a former prosecutor. 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). He is joined by Of Counsel attorneys who bring extensive combined legal experience. Results may vary. The firm has documented case results across multiple practice areas since 1997.
The firm’s Of Counsel attorneys handle immigration matters throughout Virginia, including motions to reconsider, family‑based petitions, adjustment of status, deportation defense, and other immigration needs. Our Shenandoah/Woodstock location serves clients in Botetourt County and the surrounding region. We take a collaborative approach, combining Mr. Sris’s trial experience with the immigration knowledge of the firm’s Of Counsel lawyers. To discuss your matter, call (888) 437‑7747.
Frequently Asked Questions About Motions to Reconsider
What is a motion to reconsider in immigration court?
A motion to reconsider is a request asking the immigration judge or appellate body to review a prior decision for a specific legal or factual error, not a second chance to present new evidence. The motion must point to a mistake in the application of the law or an oversight of material facts that were already in the record. If the adjudicator agrees that an error occurred, they may correct the decision without a full rehearing. Our firm helps Botetourt County clients identify whether such an error exists and drafts the necessary legal arguments within the applicable deadline.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider argues the decision was legally or factually wrong based on the existing record; a motion to reopen introduces new evidence that was previously unavailable. Reconsideration focuses on correcting a mistake—like misreading a statute—while reopening asks the agency to consider facts that did not exist or could not have been discovered before. The deadlines and legal standards are different for each. For Botetourt County residents facing an adverse outcome, we evaluate which motion is appropriate and whether both can be filed simultaneously.
When must I file a motion to reconsider?
Filing deadlines vary by the issuing body; typically, you must file within the period established by regulation or court rule. Missing the deadline usually bars the motion. Because the clock starts on the date of the adverse ruling, contacting an attorney promptly is essential for Botetourt County residents who wish to challenge a decision.
Can a motion to reconsider stop deportation?
Filing a motion to reconsider generally does not automatically stop removal; you may also need to request a stay of removal to prevent deportation while the motion is pending. A stay is a separate request that asks the agency or court to temporarily halt the removal order. Without a granted stay, the government may proceed with deportation even while the motion is under review. Our firm advises Botetourt County clients on whether a stay is warranted and helps prepare the request to preserve their time in the United States.
What evidence is needed for a motion to reconsider?
No new evidence is required; you must show that the original decision misapplied the law or overlooked critical facts already in the record. The motion attaches the documents that were already before the adjudicator and explains why the outcome should have been different. If the error is legal—such as the wrong statute or an incorrect standard—the argument is purely legal and may rely on case citations. Our lawyers examine the record for the kinds of errors that support a successful reconsideration.
How much does it cost to file a motion to reconsider?
Filing fees depend on the agency and the form; some motions have no fee, while others require the standard petition fee. USCIS motions usually carry the filing fee for the underlying form (e.g., an I‑290B motion to reopen or reconsider). Fee waivers may be available for income‑eligible applicants. In immigration court, there is typically no separate filing fee for a motion to reconsider. Our firm reviews the fee structure applicable to your case during the consultation and helps determine if a fee waiver request is appropriate.
What if my motion to reconsider is denied?
If denied, you may have the right to appeal to the Board of Immigration Appeals or seek federal court review, depending on the case posture and the type of decision. An appeal deadline is often short—usually 30 days from the denial. For Botetourt County residents, the appeal route may go from the Arlington Immigration Court to the BIA, and eventually to the U.S. Court of Appeals for the appropriate circuit. Our firm can evaluate whether an appeal is advisable and handle the next steps.
Do I need an attorney for an immigration motion to reconsider?
While not legally required, working with an experienced immigration attorney is strongly recommended because the legal arguments must be precise and well‑supported. Motions to reconsider are not a general request for a second look; they are technical filings that require citation to statutes, regulations, and case law. An improperly drafted motion may be rejected on procedural grounds, and missing a deadline can end the case. For Botetourt County individuals facing an adverse decision, our firm provides the legal analysis and advocacy that a motion to reconsider demands.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
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Case results depend on a variety of factors unique to each case.