Immigration decisions can feel final, but U.S. immigration law provides options to challenge or correct certain outcomes. Two common tools are a motion to reopen and a motion to reconsider. While they may sound similar, they serve different purposes, follow specific deadlines, and require careful preparation. Knowing when and how to use these motions can make the difference in whether your case moves forward.
What Is a Motion to Reopen?
A motion to reopen is based on new facts or evidence that were not available at the time of the original decision. The goal is to give the immigration judge or the Board of Immigration Appeals (BIA) a chance to reconsider the case in light of updated information.
Examples include:
- New evidence showing eligibility for relief, such as a recent marriage to a U.S. citizen or an approved visa petition.
- Changes in country conditions that affect an asylum claim.
- Evidence that was unavailable or not reasonably discoverable before.
Deadline: Generally, a motion to reopen must be filed within 90 days of the final administrative decision. Some exceptions apply, such as cases involving changed country conditions for asylum seekers.
What Is a Motion to Reconsider?
A motion to reconsider is not about new evidence but about the law itself. You ask the court to review its decision because of a legal or factual error. This might involve:
- The immigration judge or BIA misapplied the law.
- The decision conflicted with a precedent case.
- The judge overlooked an important argument or fact already in the record.
Deadline: A motion to reconsider must usually be filed within 30 days of the decision. Unlike motions to reopen, there are no broad exceptions for filing late.
Legal Standards You Must Meet
Both motions face strict requirements. Immigration judges and the BIA will only grant them if the request clearly meets the rules. That means:
- For a motion to reopen, the new evidence must be material, relevant, and likely to change the outcome of the case.
- For a motion to reconsider, you must show that the original decision was legally incorrect, supported by statutes, regulations, or precedent cases.
Because these standards are high, filing without strong arguments or proper documentation often leads to denial.
How an Attorney Can Strengthen Your Chances
Motions to reopen or reconsider require detailed legal arguments and supporting evidence. At Rahimi Law Firm, P.C., we will help you by:
- Reviewing your case to determine which type of motion applies.
- Gathering and presenting evidence in a clear and compelling way.
- Citing the right legal authorities and case law to show errors in the decision.
- Ensuring your motion is filed within the strict deadlines.
- Advising you on any risks, such as triggering removal if you are currently in the U.S. without lawful status.
Working with an attorney ensures that your motion is not only timely but also persuasive.
When Should You File?
You should consider filing a motion to reopen or reconsider if:
- You received a denial, but now have new evidence to present.
- You believe the decision was legally flawed.
- You missed a hearing due to circumstances outside your control.
- Conditions in your home country have changed since your case was decided.
Every case is unique, and timing matters. Acting quickly gives you the best chance to preserve your rights.
There May Still Be a Path Forward
A denied immigration application does not always mean the end of the road. Filing a motion to reopen or reconsider may allow you to correct errors or present new information that supports your case. Because these motions involve strict deadlines and high legal standards, having knowledgeable legal guidance is key.
At Rahimi Law Firm, P.C., we are committed to helping you pursue every available option. If you believe your case deserves another look, contact us today to discuss whether a motion is right for you.