Motions to Reopen or Reconsider Lawyer in Burlington County, NJ
If your immigration case has been denied or dismissed, filing a motion to reopen or reconsider may be your legal recourse. In Burlington County, these motions are governed by strict procedural rules and deadlines. The experienced motions to reopen or reconsider lawyer team at Law Offices Of SRIS, P.C.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | Burlington Vicinage Court Website
A motion to reopen asks the court or agency to re-examine your case based on new facts or evidence that were not available at the time of the original decision. A motion to reconsider argues that the decision was based on an incorrect application of law or policy. Successfully handling these post-decision remedies requires a precise understanding of immigration law and procedure. An affordable motions to reopen or reconsider lawyer Burlington County can provide the focused advocacy needed to challenge an unfavorable outcome.
Statutory Basis for Motions to Reopen or Reconsider
The authority for filing motions to reopen or reconsider in immigration proceedings is found in the Immigration and Nationality Act (INA) and the Code of Federal Regulations (CFR). Specifically, 8 CFR § 1003.23 outlines the procedures and time limits for filing such motions before the Executive Office for Immigration Review (EOIR). For motions filed with U.S. Citizenship and Immigration Services (USCIS), the relevant regulations are found in 8 CFR § 103.5. These rules establish narrow filing windows—typically 30 days for a motion to reconsider and 90 days for a motion to reopen—making timely action critical.
- Case Evaluation: Review the denial or dismissal notice and the entire record to identify grounds for a motion.
- Determine Motion Type: Decide whether new evidence (motion to reopen) or a legal argument (motion to reconsider) provides the strongest basis for appeal.
- Draft the Motion: Prepare a legally sound motion with supporting brief, affidavits, and evidence, citing relevant statutes and case law.
- File and Serve: File the motion with the correct court or agency (EOIR or USCIS) and serve all required parties before the deadline expires.
- Monitor and Respond: Track the motion’s status and be prepared to respond to any requests for evidence or oppositions filed by the government.
Why Legal Representation is Critical
Motions to reopen or reconsider are complex legal instruments. The government vigorously opposes most motions, and the standards for granting them are high. A skilled motions to reopen or reconsider lawyer Burlington County understands the nuanced arguments that can persuade an immigration judge or USCIS officer to take a second look at your case. They can craft a motion that not only meets all technical requirements but also compellingly presents your facts and legal arguments.
The firm’s deep experience is a key asset. For instance, Mr. Sris provides valuable consultation on U.S. legal matters and has a track record of handling complex, multi-faceted cases.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Our New Jersey location serves clients at Burlington County courts. We represent individuals and families in Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, Marlton, and surrounding areas. For an affordable motions to reopen or reconsider lawyer Burlington County, contact us for a consultation.
Frequently Asked Questions
What is the difference between a motion to reopen and a motion to reconsider?
Yes, there is a key difference. A motion to reopen is based on new facts or evidence that were not available previously. A motion to reconsider argues that the original decision was wrong based on the existing law and record.
How long do I have to file a motion to reopen or reconsider?
It depends on the forum. For most immigration court decisions, you have 30 days to file a motion to reconsider and 90 days for a motion to reopen. Deadlines for USCIS decisions are also typically 30 days. These are strict deadlines.
Can I file a motion if I missed my court hearing?
Yes. If you were ordered removed in absentia (because you missed your hearing), you may file a motion to reopen within 180 days if you can show exceptional circumstances, or at any time if you can prove you did not receive proper notice.
What happens if my motion is granted?
If granted, your case is reopened, and proceedings continue from the point where the error occurred. You will get a new hearing or decision based on the new evidence or corrected legal standard.
Where can I find the official rules for these motions?
You can review the EOIR regulations (8 CFR Part 1003) and the USCIS website for the most current rules and filing instructions.
If you need to challenge an immigration decision, don’t delay. Contact a motions to reopen or reconsider lawyer near me Burlington County at Law Offices Of SRIS, P.C. to protect your rights and explore your legal options. We are here to help 24 hours a day.
For more information, see our New Jersey Civil Litigation overview, or learn about related services like Business Law in Burlington County and Contract Law in Burlington County. We also serve neighboring areas like Camden County.
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