Covington VA Motion To Reconsider Lawyer — Can You Appeal an Immigration Decision?
If your immigration petition or application was denied in Covington, filing a Motion to Reconsider is a critical legal step to challenge that decision. A Covington VA Motion To Reconsider Lawyer from the Law Offices Of SRIS, P.C. can analyze the denial notice, identify legal or factual errors by USCIS, and prepare a strong motion to seek reversal.
What Is a Motion to Reconsider in Immigration Law?
A Motion to Reconsider asks U.S. Citizenship and Immigration Services (USCIS) or the Board of Immigration Appeals (BIA) to re-examine a decision based on an incorrect application of law or agency policy. It argues that the decision was wrong based on the evidence of record at the time of the decision. This is distinct from a Motion to Reopen, which presents new facts or evidence.
Last verified: April 2026 | U.S. Citizenship and Immigration Services (USCIS) | U.S. Department of Justice
The Law Offices Of SRIS, P.C., founded in 1997, provides representation in immigration matters. Mr. Sris, the firm’s founder, has a background that includes handling complex multi-state and federal cases.
Official Immigration Law Resources
Understanding the procedures is vital. You can review the official USCIS policies and forms. For appeals before the Board of Immigration Appeals, refer to the BIA Practice Manual on the Department of Justice website.
The Process for Filing a Motion in Covington
Filing a Motion to Reconsider involves strict deadlines and specific procedural rules. The clock starts ticking the day the denial notice is issued. For many USCIS decisions, you have only 30 days to file. A missed deadline typically means losing the right to challenge the decision through this avenue.
- Obtain and Review the Denial Notice: Carefully analyze the reasoning provided by USCIS or the Immigration Judge.
- Identify Legal Error: Pinpoint where the adjudicator incorrectly interpreted immigration law, statute, or binding case law.
- Draft the Legal Argument: Prepare a concise brief citing specific laws, regulations, and legal precedents that support your position.
- Assemble the Filing Package: Complete the correct form (e.g., I-290B), include the filing fee or fee waiver request, and submit everything to the correct lockbox or court.
- Monitor the Case: Track the receipt notice and be prepared to respond to any subsequent requests for evidence or notices.
Potential Outcomes and Considerations
In Covington and nationwide, a Motion to Reconsider does not stop removal proceedings or extend lawful status, but it is a key tool to correct legal errors.
Filing a motion puts your case back before the decision-maker. There is no aim for of approval, and if the motion is denied, your options may become more limited, potentially skilled to an appeal in federal court. It is crucial to have a strong legal basis before proceeding.
Results may vary. Prior results do not aim for a similar outcome.
Our Approach to Immigration Appeals
The Law Offices Of SRIS, P.C. was founded in 1997. Our team handles immigration motions and appeals. We focus on building a clear legal argument to show why the initial decision was incorrect.
Seeking Legal Help for an Immigration Motion
If your immigration case has been denied, acting quickly is essential. Our firm can review your denial notice to assess the strength of a potential Motion to Reconsider. We provide 24/7 phone consultations to discuss your situation.
Law Offices Of SRIS, P.C.
Available for consultations in Covington by appointment.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
24/7 phone consultations — meetings by appointment only.
FAQs: Motion to Reconsider in Immigration Cases
What is the deadline to file a Motion to Reconsider with USCIS?
Yes, 30 days. You typically have 30 days from the date on the USCIS decision notice to file a Form I-290B, Notice of Appeal or Motion. This deadline is strict, and missing it usually forfeits your right to file this motion.
Can I submit new evidence with a Motion to Reconsider?
No. A Motion to Reconsider must be based on the existing record. It argues legal error. If you have new evidence, you likely need to file a Motion to Reopen, which has different standards and deadlines.
Does filing a motion stop my deportation?
It depends. Filing a Motion to Reconsider with the Immigration Court may automatically stay (pause) a removal order while the motion is pending. However, a motion filed with USCIS does not automatically extend your lawful status or stop removal if proceedings have already begun.
How long does USCIS take to decide a motion?
It varies. Processing times can range from several months to over a year, depending on the service center and case complexity. You will receive a receipt notice but should prepare for a potentially lengthy wait.
What happens if my Motion to Reconsider is denied?
If denied, your next step may be to appeal to the next administrative level (like the BIA) or, in some cases, file a petition for review in a U.S. Circuit Court of Appeals. A criminal attorney may also be needed if the denial involves certain criminal grounds.
Should I hire a lawyer for a Motion to Reconsider?
Yes. Given the strict legal arguments and deadlines, a defense lawyer experienced in immigration appeals can significantly improve your chances. An error in procedure or legal citation can lead to a quick denial.
For other legal needs in Covington, consider our Covington criminal charges defense services or speak with a Covington criminal court lawyer. To see all our Virginia immigration resources, visit our Virginia Immigration Lawyer hub page. We also assist clients in neighboring areas like Clifton Forge.
Page Last verified: April 2026. Immigration laws and agency policies change frequently. The information here is for general guidance and does not constitute legal advice. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current advice on your specific case.