Harrisonburg VA Motion To Reconsider Lawyer — Can You Appeal a Denial?
A Motion to Reconsider asks USCIS or the immigration court to re-examine a decision based on an error of law or fact. In Harrisonburg, filing this motion is a strict, time-sensitive process. As a Harrisonburg VA Motion To Reconsider lawyer, Law Offices Of SRIS, P.C. provides strategic guidance to challenge unfavorable rulings and protect your status.
What Is a Motion to Reconsider in Immigration Law?
The authority for filing a Motion to Reconsider in immigration matters is found in the Code of Federal Regulations, specifically 8 C.F.R. § 103.5. This regulation outlines the procedural requirements and deadlines for requesting that U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR) re-examine a decision. A motion must argue that the decision was based on an incorrect application of law or policy, not simply a disagreement with the outcome.
Last verified: April 2026 | Based on federal immigration statutes | U.S. Citizenship and Immigration Services
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to complex immigration challenges. Our background includes handling intricate motions and appeals before various immigration authorities.
Official Government Resources
Understanding the formal process is critical. You can review the federal regulations governing motions at the Electronic Code of Federal Regulations (eCFR). For specific forms and filing instructions, visit the official USCIS Forms website.
The Process for Filing a Motion in Harrisonburg
Filing a Motion to Reconsider requires precise adherence to procedure. The key local procedural fact is that all motions for cases adjudicated by the USCIS Potomac Service Center, which handles many Virginia filings, must be submitted directly to that center. The motion must be filed within 30 days of the decision. An effective Harrisonburg VA Motion To Reconsider lawyer will meticulously identify the legal or factual error in the original decision.
- Review the Denial Notice: Immediately obtain and analyze the written decision to identify the stated reasons for denial and the applicable deadline for a motion.
- Identify Legal Error: Work with your criminal attorney or immigration counsel to pinpoint a clear error of law or fact in the original ruling. New evidence is generally not permitted.
- Draft the Motion: Prepare a formal legal brief citing specific statutes, regulations, and case law to support your argument for reconsideration.
- Assemble the Filing Package: Include the completed motion, a copy of the decision being challenged, the correct filing fee or fee waiver request, and any permitted supporting documents.
- File with Correct Authority: Submit the package to the appropriate office (e.g., USCIS Service Center, Immigration Court) before the 30-day deadline expires.
Potential Outcomes and Considerations
In Harrisonburg and nationwide, a successful Motion to Reconsider can lead USCIS or the court to reopen your case and issue a new, favorable decision, potentially reversing a visa denial or removal order.
It is crucial to understand that filing a motion does not stop the clock on removal proceedings if you are already in court. Consulting with a defense lawyer experienced in immigration motions is essential to evaluate your specific options.
Why Choose Our Firm for Your Immigration Motion
Law Offices Of SRIS, P.C. was founded in 1997. Our team, led by Mr. Sris, brings a founder’s direct involvement to complex legal strategies. We understand that a denied application carries high stakes, and we approach each Motion to Reconsider with detailed legal analysis and a commitment to assertive advocacy.
Case Results and Client Advocacy
Our firm-wide track record includes successfully challenging government decisions through well-argued motions and appeals. While results are always case-specific, our systematic approach to identifying adjudication errors has secured reversals for clients.
Results may vary. Prior results do not aim for a similar outcome.
Of Counsel attorney Bryan Block also contributes his extensive experience, particularly in matters intersecting with family-based petitions and requests for evidence.
Contact a Harrisonburg Immigration Motion Lawyer Near You
Our firm is positioned to serve clients in Harrisonburg and the surrounding Shenandoah Valley. We offer flexible consultation options to meet your needs.
Law Offices Of SRIS, P.C.
Harrisonburg Area Immigration Legal Services
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
We serve clients in Harrisonburg and nearby communities like Bridgewater, Dayton, and Timberville. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Motion to Reconsider in Virginia
What is the deadline to file a Motion to Reconsider with USCIS?
Yes, the deadline is strict. You must file the motion within 30 days of the date the unfavorable decision was issued by USCIS.
Can I submit new evidence with a Motion to Reconsider?
No, generally not. A Motion to Reconsider must argue that the decision was incorrect based on the legal and factual record that already existed. For new evidence, you typically need to file a different request, like a Motion to Reopen.
Do I need a lawyer to file a Motion to Reconsider?
It depends. While not legally required, the process is highly technical. An experienced criminal court lawyer or immigration attorney can identify legal errors and craft persuasive arguments, significantly improving your chance of success compared to self-filing.
What happens if my Motion to Reconsider is denied?
If denied, you may have further appeal options, such as filing an appeal with the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), depending on your case type. Timelines for these appeals are also very short.
How can a Harrisonburg VA Motion To Reconsider lawyer help with criminal charges defense issues in my immigration case?
A lawyer can analyze whether a prior criminal conviction was improperly categorized in your immigration decision. Arguing this legal error in a motion can be crucial, as the immigration consequences of criminal charges defense outcomes are often severe.
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Page Last verified: April 2026. Immigration laws and policies change frequently. The information on this page is for general understanding and should not be taken as legal advice for your specific case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your Motion to Reconsider.