Falls Church VA Motion To Reconsider Lawyer — Can You Appeal a Denial?
If your immigration application was denied in Falls Church, filing a Motion to Reconsider is a critical legal step to challenge the decision. A Falls Church VA Motion To Reconsider Lawyer from Law Offices Of SRIS, P.C.
What Is a Motion to Reconsider in Immigration Law?
A Motion to Reconsider asks U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR) to re-examine a decision based on an incorrect application of law or policy. It argues that the decision was legally wrong based on the evidence already in the record. This is distinct from a Motion to Reopen, which presents new facts or evidence.
Last verified: April 2026 | Falls Church General District Court | Virginia General Assembly
The legal basis is found in the Immigration and Nationality Act and its implementing regulations in Title 8 of the Code of Federal Regulations. The firm’s founder, a former prosecutor with a background in accounting and information systems, brings a detail-oriented approach to these complex filings. Success often hinges on pinpointing a specific legal error in the adjudicator’s reasoning.
Official Government Resources
For the official regulations governing motions, review 8 C.F.R. Part 103 (USCIS motions) and the EOIR Immigration Court Practice Manual. The Falls Church General District Court website provides local procedural information, though immigration is federal.
The Process for Filing a Motion in Falls Church
For Falls Church residents, the process depends on where the case is held. Affirmative applications (like green cards or naturalization) denied by USCIS are challenged by filing a Motion to Reconsider directly with the USCIS office that issued the denial, often the Washington District Office in Fairfax. If your case is in removal proceedings at the Arlington Immigration Court, the motion is filed with that court. A key local procedural fact is that strict deadlines apply—typically 30 days for USCIS motions. Missing this deadline usually forfeits your right to challenge the denial. Our criminal attorney team, including Mr. Sris, who is personally consulted by Indian Consulate officials on U.S. legal matters, understands how to frame legal arguments effectively within these tight windows.
- Obtain and Analyze the Denial Notice: We review the decision letter to identify every stated reason for denial.
- Research the Legal Error: We compare the agency’s reasoning against current statutes, regulations, and binding case law.
- Draft the Legal Argument: The motion is written to clearly show how the law was misapplied, citing specific legal authorities.
- File with the Correct Office: We ensure the motion is filed with the proper USCIS office or Immigration Court before the deadline.
- Monitor and Respond: We track the case and are prepared to respond to any requests for clarification from the government.
Potential Outcomes and Considerations
In Falls Church, a successfully argued Motion to Reconsider can lead to the original denial being overturned and your application being approved, but there is no aim for of a specific outcome.
The table below outlines common scenarios. A strong defense lawyer will evaluate which path is most strategic for your situation.
| Scenario | Filing Location | Typical Deadline | Possible Outcome |
|---|---|---|---|
| USCIS Denies Family Green Card | USCIS Office that Issued Denial | 30 Days | Denial Reversed, Case Re-Adjudicated |
| Immigration Judge Orders Removal | Arlington Immigration Court | 30 Days | Order Reconsidered, New Hearing Granted |
| USCIS Denies Naturalization (N-400) | USCIS Field Office | 30 Days | Decision Reopened, Interview Re-Scheduled |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Immigration Appeal
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a combined 120+ years of legal experience to complex immigration challenges. Mr. Sris, the firm’s managing attorney, personally handles immigration matters and is frequently consulted by Indian Consulate officials in Washington, D.C. for insights on U.S. legal matters affecting Indian nationals. This depth of experience is critical when crafting a Motion to Reconsider, as it requires not just knowledge of the law, but an understanding of how adjudicators and judges interpret it. Of Counsel attorney Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, provides additional perspective on cases involving criminal convictions that trigger immigration consequences.
Documented Case Results in Falls Church
Our approach is built on a foundation of experience. In Falls Church, we have a record of documented case results across all practice areas. While every case is unique, our systematic review of denial notices and focused legal argumentation aims to secure a favorable reconsideration. We approach each Motion to Reconsider with the detailed, evidence-based strategy of a seasoned criminal court lawyer.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Falls Church Immigration Attorneys
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients with cases at the Falls Church courts and the nearby USCIS Washington District Office. We provide representation for immigration motions, deportation defense, and all criminal charges defense matters. Contact us for 24/7 phone consultations — meetings are by appointment only.
Falls Church Motion to Reconsider FAQs
How much does it cost to file a Motion to Reconsider?
It depends. There is no government filing fee for most Motions to Reconsider filed with USCIS or the Immigration Court. However, legal fees for your attorney to prepare and file the motion vary based on case complexity. Fee waivers are not applicable for attorney representation.
How long does USCIS take to decide a Motion to Reconsider?
There is no set timeline. USCIS has discretion and may take several months to over a year to adjudicate a Motion to Reconsider. Processing at the Arlington Immigration Court may also face significant backlogs. Your Falls Church VA Motion To Reconsider Lawyer can monitor the case status.
Can I file a Motion to Reconsider if my visa was denied at the consulate?
No. A consular visa denial cannot be appealed via a Motion to Reconsider with USCIS. Your options are typically limited to reapplying or, in some cases, requesting a waiver of inadmissibility if applicable.
What is the difference between a Motion to Reconsider and an Appeal?
An appeal (to the Administrative Appeals Office or Board of Immigration Appeals) asks a higher authority to review the decision. A Motion to Reconsider asks the same authority that made the decision to correct its own legal error based on the existing record. Your attorney will advise on the correct path.
What happens if my Motion to Reconsider is denied?
If USCIS denies the motion, your next option may be to file an appeal with the Administrative Appeals Office (AAO), if appealable. If the Immigration Court denies the motion, you may appeal to the Board of Immigration Appeals (BIA). Strict filing deadlines apply for appeals.
For more information, see our Virginia Immigration Lawyer hub page. We also assist clients in Fairfax County and with Criminal Defense in Falls Church.
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. for the most current guidance regarding your specific case.