Motion To Reconsider Lawyer in Martinsville, Virginia
If your immigration petition or application was denied, a Motion to Reconsider is a critical legal tool to challenge that decision. A Martinsville VA Motion To Reconsider Lawyer from Law Offices Of SRIS, P.C. can analyze the denial notice, identify legal or factual errors, and file a formal request for USCIS or the immigration court to re-examine your case.
What Is a Motion to Reconsider in Immigration Law?
A Motion to Reconsider asks the deciding authority—either U.S. Citizenship and Immigration Services (USCIS) or an Immigration Judge—to re-examine its decision based on an incorrect application of law or policy. It argues that the decision was wrong based on the evidence of record at the time of the decision. The legal basis is found in the Immigration and Nationality Act and corresponding regulations (8 C.F.R. § 103.5).
Last verified: April 2026 | Immigration is federal jurisdiction | Virginia State Legislature
Official Government Resources
For the official text of federal immigration regulations governing motions, visit the Electronic Code of Federal Regulations, Title 8. To understand USCIS procedures and forms, refer to the official U.S. Citizenship and Immigration Services website.
Local Procedural Insight for Martinsville Cases
While immigration is federal law, clients in Martinsville often have their cases processed through the USCIS Potomac Service Center or the Arlington Immigration Court. A key procedural fact is the strict 30-day deadline to file a Motion to Reconsider with USCIS from the date of the decision. Missing this deadline is typically fatal to the motion.
- Obtain and Analyze the Denial Notice: Carefully review the USCIS or Immigration Judge’s written decision to identify the stated reasons for denial.
- Identify Legal or Factual Error: Determine if the decision misapplied law, policy, or failed to consider material evidence already in the record.
- Draft the Legal Argument: Prepare a brief that cites specific statutes, regulations, or case law to counter the reasoning in the denial.
- File with Correct Fee or Waiver: Submit Form I-290B, Notice of Appeal or Motion, with the required filing fee or a fee waiver request to the correct USCIS lockbox or court within 30 days.
Why Filing a Motion Requires a Skilled Criminal Attorney
A Motion to Reconsider is a formal legal pleading that demands precise argumentation. An experienced criminal attorney or defense lawyer understands how to construct a persuasive legal argument, which is directly applicable to immigration motion practice. The stakes are high, as a denial often leaves removal as the only remaining option.
| Motion Type | Governing Authority | Filing Deadline | Filing Fee | Key Requirement |
|---|---|---|---|---|
| Motion to Reconsider (USCIS) | 8 C.F.R. § 103.5 | 30 days from decision | $675 | Argues error of law/policy based on existing record. |
| Motion to Reopen (USCIS) | 8 C.F.R. § 103.5 | 30 days from decision | $675 | Presents new, material facts not previously available. |
| Motion before Immigration Judge | 8 C.F.R. § 1003.23 | 30 days from final order | Varies | Strict procedural and substantive rules apply. |
Results may vary. Prior results do not aim for a similar outcome.
Firm Authority in Complex Immigration Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a litigation-focused approach to immigration motions and appeals. Our defense lawyers are adept at dissecting government decisions, identifying weaknesses, and advocating forcefully before federal agencies. We understand that a well-argued motion can be the difference between a green card and deportation.
Documented Experience with Immigration Motions
Our firm has a documented record of handling complex immigration cases, including motions practice. While specific Martinsville results are part of our broader federal practice, our approach is consistent: meticulous review and aggressive legal advocacy. Of Counsel attorney Bryan Block also brings valuable insight to family-based petition challenges, including responses to Notices of Intent to Deny (NOID), which share strategic similarities with motions.
Results may vary. Prior results do not aim for a similar outcome.
Martinsville VA Motion To Reconsider Lawyer
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417 | Local: (888) 437-7747
By appointment only.
Our Richmond location serves Martinsville and surrounding communities. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions: Motion to Reconsider
What is the difference between a Motion to Reconsider and a Motion to Reopen?
Yes, there is a key difference. A Motion to Reconsider argues the decision was incorrect based on the existing record and law. A Motion to Reopen presents new facts or evidence that were not available or could not have been presented earlier.
How long does USCIS take to decide a Motion to Reconsider?
It depends on the service center and case complexity. Current processing times can range from 6 months to over a year. You can check the official USCIS processing times webpage for the most current estimates for Form I-290B.
Can I file a Motion to Reconsider if my visa application was denied at the consulate?
No. A consular denial is generally not appealable via a Motion to Reconsider with USCIS. Your options are typically limited to requesting a reconsideration directly from the consular officer or, in some cases, filing a new petition.
Do I need a criminal court lawyer for an immigration motion?
While immigration is civil law, the skills of a seasoned criminal attorney are highly valuable. A skilled criminal attorney is trained in rigorous legal argument, evidence analysis, and persuasive writing—all critical for crafting a successful Motion to Reconsider against government charges.
What happens if my Motion to Reconsider is denied?
If USCIS denies the motion, the original denial stands. Your next step may be to appeal to the Administrative Appeals Office (AAO) or, if you are already in removal proceedings, to appeal to the Board of Immigration Appeals (BIA). Timelines for these appeals are also strict.
Related Practice Areas: If you are facing criminal charges that could affect your immigration status, our criminal charges defense team can provide integrated representation. For other immigration needs, see our Virginia Immigration Lawyer hub, or find help in nearby areas like Shenandoah County.
Page Last verified: April 2026. Immigration law and agency procedures 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.