Motions to Reopen

 

“You may still be able to have your immigration case reopened or reconsidered if you submit an immigration application and receive a response that indicates a negative decision.”

 

There is a common misconception that these two actions are the same, but they are not. Immigration attorneys can help and support you during both processes, as both are more complicated. The applicant may appeal against denying immigration benefits to the US Citizenship and Immigration Services District director, who has denied it.

Reconsideration motions need well-reasoned arguments to establish that the denial rests on an incorrect interpretation of the law. When new evidence or circumstances change, reopening motions can be filed.

This page explains how motions for reopening, reconsideration, and appeals differ. To reconsider or reopen, you can better understand the differences between appeals and motions. And how they are similar; we will review the basics of Motions to Reopen.

 

What is a Motion to Appeal?

You can appeal to the Administrative Appeals Office to have a different authority review a decision regarding your immigration application.

 

Process of appeal for immigration

A denial of your application can be appealed within 30 days of the decision date. In your appeal, you will send the case to the AAO. The USCIS office made the initial decision to conduct a field review.

There are two possible outcomes. Depending on the situation, USCIS will either:

• A motion for reopening or a motion for reconsideration may be filed;
• Send the AAO the request for the appeal and treat it as an appeal.

 

What is A USCIS Motion to reconsider?

Requesting a motion to reconsider USCIS means arguing that the agency made an incorrect decision in its unfavorable decision. In your motion, you will explain why USCIS rejected your application illegally.

Adding new information to your application is impossible since you must use the same evidence. Instead, you claim USCIS failed to apply the law when reviewing your application. You must show that your evidence is sufficient to get approval.

It can be quite challenging to create a legal argument against USCIS. Based on your application, we can construct a strong argument based on our experience with immigration law.

 

What is A USCIS Motion to reopen?

The USCIS motion to reopen asks for your case to be generally reopened by the office that made the unfavorable decision. USCIS permits you to present new facts or evidence to prove your eligibility when your application is processed, not a motion for reconsideration.

The answer to whether you can appeal deportation or other unfavorable decisions is that it depends. If USCIS denies your application, they will explain why. You must present new evidence relevant to why your application didn’t get approved in the first place.

Your application provides USCIS with more information about why it should be correctly approved, and new facts can challenge their reasoning.

Accordingly, we cannot repeat the evidence presented in the motion to reopen without affidavits or other documentation. As an alternative, you should present new evidence that has never supported your argument before to support your argument.

 

USCIS application denied due to abandonment

The USCIS might be able to reopen your application if its unfavorable decision resulted from “abandonment.” There are four ways to request a USCIS motion to reopen:

• When USCIS requests evidence, it is not relevant.
• If USCIS requested evidence, you submitted it as part of your application.
• Whenever USCIS requested your appearance or additional evidence, you followed their instructions promptly.
• Because USCIS requests were generally sent to the wrong address, which differed from the record address, the request was denied due to abandonment.

 

How do I proceed after USCIS reopened my case?

As a result of the reopening of my case by USCIS, what should I do next? We often receive this question. After USCIS approves your motion to reopen, you can present the new evidence stated in Form I-290B, Notice of Appeal or Motion. As soon as you present your new facts, the USCIS office will consider them.

 

What is the difference between reopening and reconsidering a motion?

Motions to reopen present new facts for consideration, unlike motions to reconsider.

 

How do they differ from a Motion for Reopening and a Motion for Reconsideration?

USCIS requires that you complete Form I-290B to file a request to reopen or a request to reconsider. Unless you file a motion for asylum, you must also pay the required form fee.

 

What’s the difference between an appeal and a motion for reconsideration?

There is often confusion between appeals and motions. However, they are not the same. MTRs are generally sent to the same decision-making level as appeals, whereas appeals go to higher decision-making. Because some cases can’t be brought to appeal, this is important.

You will receive appeals or motion information when USCIS sends you an unfavorable decision.

 

How to appeal immigration decision?

All three options use the same form, which is their main similarity. Appeals for reconsideration or reopening decisions must arrive using Form I290-B, Notice of Appeal, or Motion.

You should submit your application to the AAO or the Board of Immigration Appeals (BIA). Form I290-B, Notice of Appeal or Motion, we can complete and submit by those appealing a decision requiring reconsideration or reopening.

The Administrative Appeals Office or the Board of Immigration Appeals should receive your appeal form. The Administrative Appeals Office or the Board of Immigration Appeals should receive your appeal form.

To appeal a denial of your Form I-130 for Family Sponsorship, you can file an EOIR-29 Notice of Appeal with the BIA. Please do not send your form directly to the AAO or BIA.

 

Asylum and motions

If you have applied for political asylum and have lost, you might be able to file a motion. There is no need to file Form I-290B or pay a filing fee. You can file a motion for reopening or reconsideration on behalf of a dependent that has lost political asylum.

 

Timeframes for processing

 

Processing time for USCIS appeals

USCIS appeal processing times may vary based on which office makes the decision. USCIS service centers may take up to three months to make a decision, whereas AAO may take up to six months.

However, the time can vary depending on which case it is. Please find out how long it will take for your motion to reopen, reconsider, or appeal to be generally processed and what their success rate is with motions to reconsider.

 

Motion to Reopen Processing Time

USCIS will respond to your motion within 90 days of filing. Like the USCIS appeals processing time, this may take less time, but it usually takes longer.

 

How can we file a Motion to reconsider?

There is a 30-day deadline for filing a motion to reopen and reconsider. There will be a different time limit for motions to reopen in immigration court cases. Reopening a case may need filing a motion within 90 days.

If an individual claim they have not received a Notice of Appearance (NTA), then the individual doesn’t need to wait for the deadline to file a motion to reopen. It is not a 30-day rule in immigration courts. Each case will be unique.

 

Is there an exception to the filing deadline?

For the 90-day rule, some exceptions:

An order was deporting someone in absentia. Exceptional circumstances may allow a motion to reopen to be generally filed within 180 days or at any time if an immigrant is in state or federal custody and failed to appear.

There is no time limit on the government’s agreement to reopen your immigration case. No time limit applies to asylum applications or cancellations of removal based on changes in the immigrant’s country that could not be submitted at the original hearing.

Spouses, parents, and children who have experienced abuse. An application for revocation of removal without prejudice about a US citizen or resident relative is not subject to a time limit.

 

What constitutes an exceptional circumstance?

This rule has a few exceptions, including, but not limited to:

• We are experiencing a serious illness abroad.
• The alien’s spouse, parent, or child is seriously ill or dies.
• Foreign nationals, children, or parents are subject to aggression or extreme cruelty.

 

The key to successful immigration law is to speak with an expert lawyer.

 

 

It is also possible for old immigration cases to reopen in certain circumstances. Contact an attorney to discuss your case’s possible options. The options available to those who have lost their citizenship in the past should talk to an immigration attorney.

Taking an immigration interview without an attorney could result in arrest and deportation.

 

How do I support my motion with evidence?

Reopening a case requires new evidence. It usually takes place through affidavits and official reports. The applicant must prove that no material evidence we can discover or submit at the original hearing.

In addition, a request for relief, such as the need for political asylum.

 

How do I appeal or move a denial or revocation of my visa petition?

Generally, only the petitioner can appeal a denied or revoked visa petition. The alien must be both a petitioner and a beneficiary to file an appeal or motion.

If the alien is a beneficiary or employer-filed Form I140, Immigrant Petition for Alien worker, you might be able to file an appeal or motion in a proceeding.

• The following are the requirements for filing an appeal or motion:
• There was a revocation of your I-140 form by USCIS.
• To request a transfer from employment after January 17, 2017, a Supplement J to Form I-485 was completed.
• USCIS has approved the request for portability.

 

What is the process for appealing a decision in my case?

You can appeal the denial or revocation of your license in the notice.

 

The most common questions about reopening an immigration case

Our next step is to learn about common questions regarding how to reopen an immigration case. Here are some examples:

 

How do motions and appeals differ?

In contrast to an appeal, a motion requires the USCIS office to make an unfavorable decision to review it. In contrast, an appeal requires the ruling to be reviewed by another authority.

 

Is it possible to appeal or try again if my motion fails?

Yes, of course. Aliens can only request a reopen, but denials of motions to reopen are appealable to the Board of Immigration Appeals (BIA). If the BIA rejects the appeal, the US Court of Appeals for Ninth Circuit may hear it again.

 

What are the chances of me losing my case while my motion is pending?

Yes, reopening the case does not change the deportation order. In the case of an absentee removal order, a motion to reopen will automatically stay the deportation order.

 

If I leave the country voluntarily, what happens?

The petition to reopen will be denied if the petitioner has not left the country after the voluntary departure period ends. Aliens who refuse to leave when promised forfeit their right to reopen their case if they refuse to leave when promised.

 

After refusing or dismissing my petition, what should I do?

It is only possible to appeal a decision on a motion to the AAO if the original decision was appealable. If the asylum office rejects or dismisses a request, a new Form I-589 (application for asylum and withholding removal) may be filed.

The asylum office must receive this application directly. If USCIS has denied an asylum application, a new application cannot be accepted.

 

Our law firm helps you reopen your immigration case.

You should know completely how to file a motion to reopen an immigration case. However, it is important to remember that an experienced immigration lawyer can help you succeed.

Without an immigration attorney, motions to reopen can lead to certain unfavorable scenarios. Since immigration law prohibits filing more than one motion to reopen, getting it right the first time is imperative.

• Our law firm’s specialized team can assist you with the following:
• Analyze your case carefully.
• You may want to consider reopening the case.
• Prepare your reopening motion effectively.
• Follow up on the motion and submit it.
• We can help you determine whether a reopening motion might be necessary in your case.