MOTIONS TO REOPEN OR RECONSIDER

Motion To Reconsider

With regard to Immigration, a motion to reconsider is available for cases where an error needs to be corrected. This error could stem from the law or from the Judge’s end. Please be aware of the fact that a motion to reconsider doesn’t account for new developments or information. Its purpose is to review existing material on the case.

As such, it should only be pursued in cases where the original case was mishandled in some way. Or in the event that certain laws have been revised. Meaning that the grounds for denial aren’t valid in a court of law anymore.

Limitations

Certain limits are imposed by the United States government in order to keep the process organized and streamlined. These are largely related to time and the number of motions you can file.

With regard to time, you will need to file the motion within 30 days of the original judgment. You should receive a response from the Immigration Court within 10 days of them receiving the motion. Note that this is not 10 days after you have submitted the appeal.

Additionally, you need to be aware of the fact that you can only file one motion to reconsider. You can also file a motion to reconsider in a situation where your motion to reopen has been denied. This doesn’t apply in cases where a motion to reconsider has already been denied.

Requirements

You will need to prepare your documents as outlined by the official website for the United States government. We understand the complexities of the procedure and are prepared to offer guidance and advice in the matter.

Our clients receive support along the process and can organize physical as well as online documentation depending on the individual needs of customers.

Additionally, make sure to provide a current address as an incorrect location can disrupt the process greatly. We will do our best to make sure all information checks out and is up to date.

When budgeting for your motion to reconsider be mindful of the fact that certain fees might be charged to you during the procedure. There are some cases where no fee was required however, it would be advised to account for this just in case. Otherwise, it would pose another hurdle to the process.

Standard Practices

When in the process of filing your motion to reconsider, you have to make sure you are as clear as possible. This is where our services really shine, as we help you articulate the language you need to make your case.

To be considered positively, you need to reference specific laws that highlight the issue. With our trained team of experts on your side, we will ensure that your case is given the highest priority and all errors are corrected.

This requires an in-depth legal exploration of changes to the law and the impact it would have to deport you. For example, refugees fleeing their country will not need to build a big case. There will already be laws in support of providing them asylum.

Even in the case of an amended law, you will be in good hands and all matters will be resolved.

Other Details

Some other points we’d like to clarify surrounding the process:

  • A motion to reconsider doesn’t automatically halt an order of removal or deportation
  • Overturned criminal charges will require a motion to reopen, which is a separate process and can’t be pursued through a motion to reconsider.
  • There are some exceptions available to the time and number limitations. There are a number of protections in place for individuals, such as the Violence Against Women Act (VAWA). Our team will help you determine if any of these protections is relevant to your case.
  • If an immigration judge has denied your motion to reconsider, that decision will be treated as the final word. We understand the importance of convincing the judge that your case needs to be addressed. To that end our legal expertise will help you build a solid case and further win over the judge during the actual hearing.

The Benefits Of Working With Us

Immigration can be confusing and overwhelming. Especially when you need a motion to reconsider. Our team is available to you to speed up the process.

Our trained attorneys are available at a reasonable price and will do everything in their power to have your appeal accepted.

With years upon years of experience to draw on, we understand how to streamline the process and manage it as efficiently as possible.

Special regard is given to those who qualify for the many protections put in place to support vulnerable groups in society. Particularly, those who are asylum seekers and would be in harm’s way if deported to their country of origin.

As specialists in the field, we will provide all the necessary support along your journey. And, do our best to guarantee the ideal outcome for your case.

See also DACA renewals and associated applications .