Lynchburg VA Motion To Reconsider Lawyer — How Do You Challenge an Immigration Decision?
A Motion to Reconsider asks an immigration judge or USCIS to re-examine a decision based on an error of law or fact. Filing this motion in Lynchburg requires strict adherence to federal deadlines and procedural rules. Law Offices Of SRIS, P.C. provides strategic guidance for these complex filings. Our Lynchburg VA Motion To Reconsider lawyer can assess your case and outline your options for appeal.
What Is a Motion To Reconsider in Immigration Law?
The Immigration and Nationality Act (INA) and regulations from the Executive Office for Immigration Review (EOIR) govern post-decision motions. A Motion to Reconsider, filed under 8 C.F.R. § 1003.23(b), argues that the original decision was incorrect based on the law and evidence already in the record. You typically have 30 days from the decision date to file. Success requires identifying a clear legal or factual mistake made by the adjudicator.
Last verified: April 2026 | Immigration is federal jurisdiction | U.S. Congress
Official Government Resources
For the complete federal regulations, review the Code of Federal Regulations, Title 8, Part 1003 governing immigration court practice. You can also find procedural forms and guidance on the Executive Office for Immigration Review (EOIR) website.
The Process for Filing a Motion in Lynchburg
While immigration matters are federal, cases from the Lynchburg area are typically heard at the Arlington Immigration Court or adjudicated by USCIS service centers. The key local procedural fact is understanding which office issued your decision, as this dictates where you must file your motion. The timeline is critical; the 30-day clock starts the day the decision is mailed.
- Receive the Denial Notice: Note the decision date and the specific grounds for denial. The clock starts immediately.
- Consult a Lynchburg VA Motion To Reconsider Lawyer: An attorney can analyze whether you have grounds based on legal error and ensure you file the correct motion type.
- Draft the Motion: The motion must specify the alleged errors of law or fact and support each argument with citations to the record and legal authority.
- File with the Correct Office: File the motion, supporting brief, and proof of service with the court or USCIS office that issued the original decision.
- Await a Decision: There is no set timeline for a ruling. Your case remains in a pending status during this period.
Potential Outcomes and Considerations
In federal immigration proceedings, a denied Motion to Reconsider typically leads to the original order becoming final, which may trigger removal proceedings or other enforcement actions.
It is crucial to understand that filing a motion does not automatically stop (“stay”) deportation. You must often file a separate request for a stay of removal. A strong motion identifies a clear legal error, such as the judge applying the wrong legal standard or misinterpreting a statute. The success rate for pro se (self-filed) motions is low due to the complex legal arguments required.
Results may vary. Prior results do not aim for a similar outcome.
Our Immigration Defense Practice
Law Offices Of SRIS, P.C. was founded in 1997. Our firm handles complex immigration appeals and motions. We focus on building a clear legal argument to correct adjudication errors. Mr. Sris, our managing attorney, provides strategic oversight on these matters.
Case Results
Our firm has a documented record of favorable outcomes in immigration cases across multiple states. While specific results in Lynchburg are part of our broader practice, our approach is consistent: we meticulously prepare motions that highlight legal errors to give clients a chance at reversal.
Of Counsel attorney Bryan Block, a former Virginia State Trooper with deep experience in state legal procedures, also assists with certain family-based petition issues (I-130) and related motions, bringing a detailed, analytical approach to case preparation.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Lynchburg Immigration Attorney
If you need to challenge an immigration decision, time is your most limited resource. Our Richmond location serves clients in Lynchburg and surrounding communities.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417 | Local: (804) 423-6586
By appointment only.
We offer 24/7 phone consultations. Meetings are by appointment only.
Motion To Reconsider FAQs
What is the deadline to file a Motion to Reconsider with USCIS?
Yes, 30 days. You have 30 days from the date the decision was issued to file a Motion to Reconsider with USCIS. The deadline is strict, and late filings are usually denied unless exceptional circumstances are proven.
Can I file a Motion to Reconsider if I have new evidence?
No. A Motion to Reconsider argues errors based on the existing record. If you have new evidence, you must file a Motion to Reopen. Filing the wrong type of motion is a common mistake that can jeopardize your appeal. A criminal attorney or defense lawyer familiar with federal procedure can advise on the correct path.
Does filing a motion stop my deportation?
It depends. Filing the motion itself does not automatically stop (“stay”) removal. You must typically file a separate request for a stay of removal with the motion. An immigration judge will decide whether to grant the stay based on the likelihood of your motion’s success and other factors.
What’s the difference between a motion and an appeal?
A Motion to Reconsider is filed with the same office or judge that made the decision. An appeal (like to the Board of Immigration Appeals) asks a higher authority to review the decision. Motions have shorter deadlines (30 days) than appeals (30 days for BIA). A criminal court lawyer can explain which path fits your case.
Why should I hire a Lynchburg VA Motion To Reconsider lawyer?
A lawyer ensures the motion is filed correctly, on time, and argues legitimate legal error. They draft persuasive legal briefs, manage service requirements, and can request a stay of removal. For criminal charges defense that affect immigration status, this legal skill is critical to avoid permanent consequences.