Fairfax VA Motion To Reconsider Lawyer — Can You Appeal an Immigration Denial?
If your immigration application was denied in Fairfax, a motion to reconsider is a critical legal tool to challenge that decision. A Fairfax VA motion to reconsider lawyer from Law Offices Of SRIS, P.C. can file this formal request with USCIS or the immigration court, arguing that the denial was based on an error of law or fact.
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 policy. Unlike a motion to reopen, it does not present new evidence but argues the existing record was misinterpreted. The legal authority for this motion is found in the Immigration and Nationality Act (8 U.S.C.) and corresponding regulations. Filing deadlines are strict, typically 30 days from the decision date.
Last verified: April 2026 | Fairfax City General District Court | USCIS Policy Manual
Official Immigration Resources
Understanding the formal process is essential. You can review the official regulations for motions at the Executive Office for Immigration Review (EOIR) website. For USCIS-specific procedures, refer directly to the USCIS forms and filing instructions.
The Local Process for Filing a Motion in Fairfax
For Fairfax City residents, motions related to USCIS applications are typically filed at the USCIS Washington District Office. Motions to reconsider a decision from the Arlington Immigration Court must be filed with the Board of Immigration Appeals. The procedural steps are precise and unforgiving of errors. A single missed deadline or improperly formatted argument can result in a final denial.
- Obtain and review the complete denial or deportation order.
- Identify the specific legal or factual error made by the adjudicator.
- Draft the formal motion, citing relevant statutes and case law.
- File the motion with the correct agency (USCIS or BIA) before the deadline.
- Prepare for any subsequent hearing or request for additional evidence.
Why Choose Our Firm for Your Immigration Appeal
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in Fairfax and beyond. Mr. Sris maintains a select caseload of complex immigration matters, and his background in accounting provides a unique advantage in cases involving financial evidence.
Case Results in Immigration Law
While specific Fairfax City case counts are not isolated in our database, firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with a favorable outcome rate exceeding 93%+. These results span immigration, criminal defense, and family law matters across all our jurisdictions.
Results may vary. Prior results do not aim for a similar outcome.
Immigration Legal Help Near Fairfax City
Our Fairfax location is minutes from the Fairfax City courts, accessible via Route 236 (Main Street) and Route 50. We serve clients throughout the Fairfax community. For a motion to reconsider lawyer near Fairfax City, contact us for a consultation.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Motion to Reconsider in Fairfax, VA
What is a motion to reconsider in immigration?
Yes. It is a formal request asking USCIS or an immigration judge to re-examine a denial, arguing it was based on a legal or factual error in the existing record. New evidence is not permitted.
How long do I have to file a motion to reconsider?
Typically, you have 30 days from the date the decision was mailed. This deadline is strict, and missing it usually forfeits your right to file. A skilled criminal attorney can ensure timely and proper filing.
Can I file a motion to reconsider myself?
It depends. While legally possible, the procedural and legal details are high. An error can lead to a final denial. A defense lawyer with immigration experience is strongly advised to maximize your chance of success.
What happens after I file the motion?
The reviewing agency will examine your arguments. Processing can take several months. If granted, your case will be reopened and reconsidered. If denied, you may have limited further appeal options, making the initial motion critical.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider argues legal error with the existing record. A motion to reopen presents new, material evidence that was not available previously. Both are tools a criminal court lawyer might use in post-conviction or immigration appeals.
Do I need a lawyer for a motion to reconsider?
Given the high stakes and complex legal standards, having a lawyer is crucial. An experienced attorney can identify the specific legal error, craft a persuasive argument, and handle strict procedural rules, forming a strong criminal charges defense strategy for your immigration case.
Related Legal Services in Fairfax City
If you are facing other legal challenges, our firm provides full representation. You may need a criminal defense lawyer in Fairfax or a DUI attorney. For broader Virginia immigration help, visit our Virginia immigration lawyer hub page. We also assist clients in neighboring areas like Fairfax County and Falls Church.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.