Motions to Reopen & Reconsider — San Antonio Immigration Lawyer Denied USCIS Cases · Deportation Orders · In Absentia Removal · BIA Appeals
A denied immigration case is not necessarily the end. If USCIS denied your petition, if an immigration judge ordered your removal, or if the Board of Immigration Appeals (BIA) upheld a deportation order, you may have legal options to challenge that decision through a motion to reopen or a motion to reconsider.
These are not second chances — they are targeted legal instruments governed by strict deadlines, numerical limits, and evidentiary standards under 8 CFR § 1003.2 (BIA) and 8 CFR § 1003.23 (immigration court). Filing the wrong type of motion, missing a deadline by a single day, or failing to submit sufficient documentary evidence will result in denial with limited recourse.
The Echavarria Law Firm handles motions to reopen and reconsider for clients across San Antonio and South Texas — at the USCIS level (Form I-290B), before immigration judges (EOIR), and at the Board of Immigration Appeals. Led by attorney Elizabeth F. Echavarria, a former Bexar County prosecutor with 15+ years of immigration law experience. English and Spanish.
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Motion to Reopen vs. Motion to Reconsider
These two motions serve fundamentally different purposes. Filing the wrong one wastes your one opportunity and your filing fee.
Motion to Reopen
Purpose: Present new facts or evidence that were not available at the time of the original decision.
Standard: New evidence must be material, previously unavailable, and could not have been discovered or presented at the original hearing.
What you submit: Documentary evidence — affidavits, expert declarations, medical records, country condition reports, new relationships, changed circumstances.
Example: Your I-130 was denied for insufficient bona fide marriage evidence. You now have 2 years of additional joint tax returns, a child born together, and new affidavits.
Legal basis: INA § 240(c)(7); 8 CFR § 1003.23(b)(3) (court); 8 CFR § 103.5(a)(2) (USCIS).
Motion to Reconsider
Purpose: Argue that the decision-maker made an error in applying the law or policy to the existing record.
Standard: You must cite specific statutes, regulations, or precedent decisions that were incorrectly applied. Disagreeing with the outcome is not enough.
What you submit: Legal arguments and citations — no new facts allowed (unless the law itself has changed).
Example: The immigration judge misapplied BIA precedent when finding you ineligible for cancellation of removal, or USCIS applied an outdated policy memo to deny your waiver.
Legal basis: INA § 240(c)(6); 8 CFR § 1003.23(b)(2) (court); 8 CFR § 103.5(a)(3) (USCIS).
💡 You Can File Both Simultaneously
If your case involves both new evidence and a legal error, you can file a combined motion to reopen and reconsider. Each component is evaluated separately — one may be granted while the other is denied. There is no additional filing fee for a combined motion.
Two Filing Tracks: USCIS vs. Immigration Court (EOIR)
Where you file depends on which authority made the original decision. Getting this wrong means your motion is rejected without review.
| Factor | USCIS Track | Immigration Court / BIA Track |
|---|---|---|
| Who decided your case? | USCIS field office or service center (denied petition, application, or waiver) | Immigration judge or BIA (removal/deportation order) |
| Form | Form I-290B (Notice of Appeal or Motion) | Written motion with cover page labeled "Motion to Reopen" or "Motion to Reconsider" |
| Filing fee | $675 (fee waiver available) | $145 (no fee for in absentia or asylum motions) |
| Deadline — Reconsider | 30 days (33 if mailed) | 30 days from final order |
| Deadline — Reopen | 30 days (33 if mailed) | 90 days from final order |
| Number limit | 1 motion to reopen, 1 to reconsider (per decision) | 1 motion to reopen, 1 to reconsider (exceptions below) |
| Filed with | USCIS address listed on I-290B instructions (NOT mailed to AAO directly) | Immigration court that issued the order, or BIA if appealed |
| Attorney form required? | Form G-28 | Form EOIR-28 or EOIR-61 |
| Typical processing time | ~90 days (field office); up to 180 days (AAO) | Varies by judge caseload; often 3–12 months |
| Stays removal? | N/A (no removal order) | No — must separately request stay of removal |
Deadlines and Exceptions to the Time and Number Limits
The general rule is strict: one motion to reopen (90 days), one motion to reconsider (30 days). But several critical exceptions exist — and knowing them can be the difference between having a case and having nothing.
| Exception | Time Limit | Number Limit | Basis |
|---|---|---|---|
| In absentia order — no notice received | No time limit | Exempt | You never received the Notice to Appear or hearing notice |
| In absentia order — exceptional circumstances | 180 days | Exempt | Serious illness, death in family, ineffective counsel, or other circumstances beyond your control |
| Changed country conditions (asylum/withholding) | No time limit | Exempt | Material changes in your country that support asylum or withholding of removal — 8 CFR § 1003.23(b)(4)(i) |
| VAWA-based motion | 1 year | 1 additional motion | Battered spouse, child, or parent of abusive USC/LPR — INA § 240(c)(7)(C)(iv) |
| Joint motion with DHS | No time limit | Exempt | DHS agrees to join the motion (often for prosecutorial discretion) |
| Sua sponte reopening | No time limit | Exempt | Immigration judge or BIA reopens on its own motion (rare but possible) |
| USCIS motion — untimely reopen | Discretionary | N/A | AAO may excuse untimely filing if delay was reasonable and beyond the appellant's control |
⚠ Departure from the U.S. = Automatic Withdrawal
Under 8 CFR § 1003.23(b)(1), any departure from the United States — including deportation — after filing a motion to reopen or reconsider is treated as an automatic withdrawal of that motion. If you are removed while your motion is pending, the motion is dead. This is why filing a stay of removal simultaneously with your motion is critical.
Common Scenarios Where a Motion Applies
Denied I-130 Family Petition
USCIS denied your I-130 petition for insufficient evidence of a bona fide relationship, missing documents, or failure to establish the qualifying family relationship. File Form I-290B within 30 days. If you have new evidence (DNA test results, additional relationship documentation), file as a motion to reopen. If USCIS misapplied the law, file as a motion to reconsider.
Denied I-485 Adjustment of Status
Your adjustment of status was denied for inadmissibility, insufficient evidence, or an eligibility issue. Options include I-290B motion to USCIS, or renewal of the application in removal proceedings if USCIS refers you to immigration court.
Denied Waiver (I-601, I-601A)
Waiver denials are common — the extreme hardship standard is subjective. A motion to reopen with new hardship evidence (medical documentation, psychological evaluations, financial impact analysis, country condition reports) can succeed where the original submission fell short. See our I-601A waiver evidence guide.
In Absentia Removal Order
You were ordered removed because you missed your immigration court hearing. If you never received notice, you can reopen at any time. If you had exceptional circumstances, you have 180 days. This is one of the most common — and most winnable — motions we file.
Deportation Order After BIA Appeal
The BIA affirmed the immigration judge's removal order. You can file a motion to reopen with the BIA based on new evidence, or a petition for review with the Fifth Circuit Court of Appeals within 30 days of the BIA decision. These are complex and time-sensitive — delay is not an option.
VAWA or U-Visa Denial
Denied VAWA self-petition or U-visa? File I-290B with additional evidence of abuse (medical records, police reports, protective orders, affidavits) or demonstrate that USCIS incorrectly evaluated the evidence already submitted.
Motion to Reopen & Reconsider Costs in San Antonio (2026)
| Service | Attorney Fee Range | Government Filing Fee |
|---|---|---|
| USCIS Motion (I-290B) — Standard | $2,000 – $4,000 | $675 |
| USCIS Motion (I-290B) — Complex (waiver denial, inadmissibility) | $3,000 – $6,000 | $675 |
| Immigration Court Motion (EOIR) | $2,500 – $5,000 | $145 |
| BIA Motion to Reopen/Reconsider | $3,000 – $6,000+ | $145 |
| In Absentia Order Reopening | $2,000 – $4,000 | $0 (fee exempt) |
| Stay of Removal Request | Included with motion | $0 |
| Federal Court Petition for Review | $5,000 – $10,000+ | Varies |
Flat-fee billing. Full 2026 immigration cost breakdown →
How We Handle Your Motion
Case Evaluation & Strategy Selection
We review the original decision, the evidence that was submitted, the legal basis for denial, and your current circumstances. We determine whether a motion to reopen, motion to reconsider, appeal, or combination is the strongest path. If no viable motion exists, we tell you — we do not file motions that will fail.
Evidence Development & Legal Research
For motions to reopen: we identify and compile the new evidence — affidavits, expert declarations, medical records, updated country condition reports, financial documentation. For motions to reconsider: we research the specific legal error, identify supporting case law (BIA precedent, circuit court decisions), and draft the legal argument.
Motion Drafting & Filing
We draft the motion with the legal standard clearly met: specific citation to the error (reconsider) or documentary proof of new, material facts (reopen). We file with the correct authority — USCIS address for I-290B, immigration court for EOIR motions, BIA for appellate motions. If deportation is at risk, we simultaneously file a stay of removal request.
Follow-Up & Post-Decision Strategy
We track the motion status, respond to any USCIS RFEs or court requests for additional briefing, and prepare for hearings if the case is reopened and remanded to immigration court. If the motion is denied, we evaluate appeal options: BIA appeal (from immigration court denial) or federal circuit petition for review (from BIA denial).
Why The Echavarria Law Firm for Motions Practice
Former prosecutor advantage. Attorney Elizabeth Echavarria spent two years as a Bexar County Assistant District Attorney before transitioning to immigration law. That prosecutorial background gives her a tactical understanding of how the government builds its case — and where arguments can be effectively challenged.
San Antonio court familiarity. We file motions at the San Antonio Immigration Court and the San Antonio USCIS field office regularly. We know the procedural expectations, scheduling patterns, and how specific judges handle motions practice.
Honest case assessment. Not every denied case can be reopened. If the legal standard cannot be met, we will tell you during the initial evaluation rather than collecting a fee for a motion that will fail. If a motion is viable, we explain exactly why — what new evidence or legal error supports it — before filing.
Bilingual from start to finish. Motion preparation, evidence compilation, court filings, and hearings — all available in English and Spanish.
Related Immigration Resources
- Immigration Lawyer San Antonio
- Family-Based Immigration
- I-130 Petition for Alien Relative
- Green Card Lawyer
- Adjustment of Status
- Citizenship Lawyer
- VAWA & U-Visa
- Parole in Place
- I-601A Waiver Evidence Guide
- Immigration Court Guide
- Deportation Defense FAQ
- 2026 Immigration Costs
- USCIS Timelines 2026
- Comprehensive FAQ
- Hiring an Immigration Lawyer
- About The Echavarria Law Firm
Frequently Asked Questions — Motions to Reopen & Reconsider
Reopen: New facts or evidence not available at the original decision. Must submit documentary proof. Reconsider: The decision-maker made a legal error on the existing record. Must cite specific statutes or case law. Both are filed with the same authority that issued the original decision. You can file both simultaneously as a combined motion.
USCIS (I-290B): 30 days (33 if mailed). EOIR — Reconsider: 30 days. EOIR — Reopen: 90 days. Exceptions: no time limit for in absentia orders without notice, changed country conditions, and joint motions with DHS. VAWA motions: 1 year. Full deadlines reference →
I-290B filing fee: $675. EOIR motion fee: $145 (exempt for in absentia and asylum motions). Attorney fees: $2,000–$6,000+ depending on complexity. Federal court petitions: $5,000–$10,000+. Full cost breakdown →
Yes. No time limit if you never received notice of the hearing. 180 days for exceptional circumstances (illness, death in family, ineffective counsel). You must submit evidence supporting the reason for non-appearance. This is one of the most common and successful motions we file. Immigration court process →
No. A motion does not automatically stay removal. You must separately request a stay of removal from the immigration judge or BIA. If not granted, ICE can remove you while the motion is pending — and departure automatically withdraws the motion. We file stay requests simultaneously with every motion where deportation is at risk.
Yes. Motions are separate from appeals. After a BIA denial, you can file a motion to reopen (new evidence) or reconsider (legal error) with the BIA. You can also file a petition for review with the Fifth Circuit. You are limited to one of each, with exceptions for changed country conditions, VAWA, joint motions, and sua sponte reopening.
Immigration judge denial → appeal to BIA. BIA denial → petition for review in federal court (Fifth Circuit, 30-day deadline). You cannot file a second motion to reconsider a denied motion to reconsider — 8 CFR § 1003.23 specifically prohibits this. You may still be able to file a motion to reopen if new evidence arises.
Case evaluation, USCIS motions (I-290B), EOIR motions, BIA motions, in absentia reopening, changed country conditions motions, VAWA-based motions, new evidence development, stay of removal requests, and federal court petition for review strategy. All in English and Spanish. Contact us →
A denied case may still have a path forward. Let's evaluate yours.
(210) 320-5633The Echavarria Law Firm · 118 E Ashby Pl, San Antonio, TX 78212 · English & Spanish · Schedule Online
