Motion To Reconsider Lawyer in Rockville, MD — Can You Appeal a Denial?
A Motion to Reconsider is a critical legal request asking USCIS or an immigration judge to re-examine a decision based on an error of law or fact. In Rockville, MD, filing this motion requires strict adherence to deadlines and procedural rules. The Law Offices Of SRIS, P.C. provides strategic guidance for this complex process.
What Is a Motion to Reconsider in Immigration Law?
A Motion to Reconsider asks the original decision-maker—whether it’s U.S. Citizenship and Immigration Services (USCIS) or an Immigration Judge—to review their own decision based on a claim of incorrect application of law or policy. It is not a general appeal but a specific challenge arguing that the law was misapplied. You must file this motion within 30 days of the final decision. The motion must identify the legal error and include supporting legal precedent.
Last verified: April 2026 | U.S. Citizenship and Immigration Services | USCIS Policy Manual
The firm was founded in 1997 by former prosecutor Mr. Sris. With a background in accounting and information systems, he brings a detailed, analytical approach to complex immigration filings and appeals.
Official Government Resources
Understanding the official rules is essential. The USCIS Laws and Policy site provides the governing statutes and agency guidance. For court procedures, the Executive Office for Immigration Review (EOIR) outlines the rules for motions before immigration judges.
The Process for Filing a Motion to Reconsider in Rockville
Filing a Motion to Reconsider in Rockville involves a precise, time-sensitive strategy. The local USCIS field office and the Baltimore Immigration Court handle cases from this area. A common local procedural fact is that motions must be filed directly with the office or court that issued the original decision, not a general filing address. An insider note is that these motions are granted at a low rate, making the quality of the legal argument paramount.
- Obtain and Review the Decision Notice: Carefully analyze the denial or deportation order to identify the exact legal grounds cited by the officer or judge.
- Research Applicable Law: Investigate the relevant statutes, regulations, and case law to build an argument that the decision misapplied this authority.
- Draft the Motion: Prepare a formal legal brief that cites the error, provides correct legal interpretation, and includes supporting evidence and legal citations.
- File with the Correct Office: Submit the motion, required forms, and fee (or fee waiver request) to the specific USCIS office or immigration court that issued the decision before the 30-day deadline.
- Monitor and Respond: Track the receipt of your motion and be prepared to respond to any requests for evidence or follow-up from the agency.
Potential Outcomes and Consequences
In Rockville, a Motion to Reconsider can lead to the original decision being upheld, reversed, or the case being reopened for further consideration.
While a successful motion can reverse a denial, it is a difficult legal standard to meet. The process also stops the clock on certain appeal deadlines. If the motion is denied, you may have limited time to pursue other options, such as an appeal to the Board of Immigration Appeals (BIA). A criminal attorney or defense lawyer may need to be consulted if the immigration case involves past criminal convictions.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Immigration Appeal
Founded in 1997, the Law Offices Of SRIS, P.C. operates on the principle of “Advocacy Without Borders.” Our team has over 120 years of combined legal experience. We understand that a Motion to Reconsider is often a last-chance effort to keep a family together or secure lawful status. We dedicate the necessary resources to craft persuasive, legally sound motions aimed at correcting judicial or administrative errors.
Our Approach to Your Case
We begin with a thorough analysis of your denial notice. We then develop a strategy focused on identifying a clear legal error. Our team, including experienced criminal court lawyer consultants when needed, prepares a full motion. We handle all filings and communications, keeping you informed at each step. For those facing criminal charges defense issues that impact immigration, we coordinate a unified legal strategy.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
199 E. Montgomery Ave, Suite 100, Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (301) 363-4040
By appointment only.
Our Rockville location is central to the Montgomery County courts and the USCIS field office. We serve clients in Rockville, Bethesda, Gaithersburg, Silver Spring, and throughout Montgomery County. As your local Motion To Reconsider Lawyer Rockville MD, we offer 24/7 phone consultations.
Frequently Asked Questions: Motion to Reconsider
What is the deadline to file a Motion to Reconsider?
Yes, there is a strict deadline. You must file the motion within 30 days of the date the final decision was issued by USCIS or the immigration judge.
Can I file a Motion to Reconsider if my visa was denied?
It depends. You can file if the denial was issued by USCIS on a petition (like an I-130 or I-140). Consular denials at a U.S. embassy abroad follow different procedures and typically cannot be challenged with this motion inside the U.S.
What’s the difference between a Motion to Reconsider and a Motion to Reopen?
A Motion to Reconsider argues the law was applied incorrectly, using the existing record. A Motion to Reopen asks the court to consider new facts or evidence that were not available during the original proceeding.
How long does it take to get a decision on the motion?
There is no set timeline. USCIS and immigration courts have significant backlogs. A decision could take several months to over a year. It is crucial to consult with a Motion To Reconsider Lawyer Rockville MD to understand your options during this waiting period.
What happens if my Motion to Reconsider is denied?
If denied, you may have a very short window—often 30 days—to file an appeal with the next higher authority, such as the Board of Immigration Appeals (BIA) or the Administrative Appeals Office (AAO). Immediate legal advice is critical.
Related Content: If you are dealing with a related family-based petition, see our page on Family Immigration Lawyer in Maryland. For issues stemming from criminal proceedings, learn about our Maryland Criminal Defense services.
Page last verified and updated: April 2026. Immigration laws and agency 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 the Law Offices Of SRIS, P.C. at (301) 363-4040 for current, case-specific guidance from a Motion To Reconsider Lawyer Rockville MD.
Under Md. Code, Corps. & Assns. § 1-101, state law governs this practice area.