Motion to Reopen Lawyer in Cape May County, NJ
If your immigration case was closed or denied, a motion to reopen lawyer in Cape May County can help you seek a second chance. Law Offices Of SRIS, P.C. handles motions to reopen before the Newark Immigration Court and USCIS. Our firm, founded in 1997, provides focused legal strategies for clients in Cape May, Wildwood, and Ocean City. Call (888) 437-7747 for a 24/7 consultation.
What Is a Motion to Reopen in Immigration Law?
A motion to reopen asks an immigration judge or the Board of Immigration Appeals (BIA) to reconsider a decision based on new facts or evidence that were not available at the original hearing. It is a critical procedural tool governed by federal regulations. Under 8 C.F.R. § 1003.23, you generally must file a motion to reopen within 90 days of a final removal order, though exceptions exist for changed country conditions or ineffective assistance of counsel.
Last verified: April 2026 | Superior Court of NJ, Cape May Vicinage | USCIS
Official Immigration Resources
Understanding the formal process is essential. You can review the USCIS Laws and Policy page for agency guidance. For court procedures and forms, the Executive Office for Immigration Review (EOIR) website provides official resources.
How to File a Motion to Reopen in Cape May County
- Gather New Evidence: Collect all documents, affidavits, or records that support your claim and were not previously available.
- Draft the Motion: Prepare Form EOIR-29 or a legal brief that clearly states the legal grounds for reopening and attaches the new evidence.
- Calculate the Deadline: Confirm your filing deadline—typically 90 days from the final order—or establish eligibility for an exception.
- File and Serve: File the motion with the correct immigration court and serve a copy on the opposing DHS attorney.
- Prepare for a Decision: The court will review your motion and may request additional briefing or schedule a hearing.
Potential Outcomes of a Motion to Reopen
In Cape May County, a successful motion to reopen can lead to the reversal of a removal order, reopening of asylum proceedings, or a new hearing on adjustment of status.
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Immigration Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm handles contested immigration matters, including motions to reopen, appeals, and deportation defense. We approach each case with a detailed strategy focused on the specific facts and legal standards required for success.
Legal Guidance for Your Case
Filing a motion to reopen is a technical process with strict deadlines. An affordable motion to reopen lawyer Cape May County can assess your situation, identify viable new evidence, and ensure your filing meets all procedural requirements. Our goal is to provide clear guidance and assertive representation.
Contact Our Immigration Team
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-0900
By appointment only.
Our New Jersey location serves clients at Cape May County courts. We represent individuals in Cape May Court House, Cape May, Wildwood, Avalon, Stone Harbor, Sea Isle City, and Ocean City (NJ). For a motion to reopen lawyer near me Cape May County, call for a 24/7 phone consultation. Meetings are by appointment only.
Motion to Reopen Lawyer Cape May County FAQ
What is the deadline to file a motion to reopen?
Yes, there is a deadline. Generally, you have 90 days from the date of a final removal order to file a motion to reopen with the immigration court. Certain exceptions, like changed country conditions or claims of ineffective assistance of counsel, may allow for filing outside this limit.
Can I file a motion to reopen if I was ordered removed in absentia?
Yes. If you were ordered removed because you did not appear at your hearing (in absentia), you may file a motion to reopen within 180 days if you can show exceptional circumstances prevented your attendance, or at any time if you can prove you did not receive proper notice.
What evidence is considered “new” for a motion to reopen?
It depends. The evidence must be material, was not available at the time of the original proceeding, and could not have been discovered or presented with reasonable diligence. This can include new country condition reports, recently obtained documents, or affidavits from witnesses who were previously unavailable.
How long does it take for a decision on a motion to reopen?
The timeline varies. The immigration court or BIA has no set deadline to rule. It can take several months to over a year, depending on the court’s docket and the scope of the motion. It is important to plan accordingly while the motion is pending.
Can I work while my motion to reopen is pending?
Not automatically. Filing a motion does not grant work authorization. You may need to file a separate application for employment authorization (Form I-765) if you have a pending application that provides a basis for it, such as a pending asylum claim. Consult with a lawyer about your specific eligibility.
Related Legal Services in Cape May County
If you are dealing with other legal matters, our firm assists with business law, contract disputes, and federal criminal defense in Cape May County. For more information on our statewide practice, visit our New Jersey civil litigation hub. We also serve clients in neighboring areas like Atlantic County and Burlington County.
Page last verified and updated: April 2026. Immigration laws and 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 a motion to reopen.
Your case in Cape May County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Cape May County that is the Superior Court of NJ, Cape May Vicinage (1st Vicinage), 9 North Main Street, Cape May Court House, NJ 08210, telephone (609) 463-6550, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Cape May County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Cape May County NJ lawyers directory · Motion to Reopen Lawyer Bergen County, NJ · Motion to Reopen Lawyer Hudson County, NJ · Motion to Reopen Lawyer Monmouth County, NJ.