Motion to Reconsider Lawyer Chevy Chase — Can You Appeal an Immigration Decision?
If your immigration application was denied, a motion to reconsider lawyer in Chevy Chase from Law Offices Of SRIS, P.C. can challenge that decision. A motion to reconsider argues the decision was based on an incorrect application of law or policy.
What Is a Motion to Reconsider in Immigration Law?
The legal process for a motion to reconsider is governed by federal regulations under 8 C.F.R. § 1003.2 and 8 C.F.R. § 1003.23. This is a request asking the same authority that made the original decision to re-examine its ruling based on an error of law or fact. It is not an appeal to a higher court but a plea to the original decision-maker. The motion must identify the specific legal or factual error and can include supporting legal precedent. Time limits are strict, typically 30 days from the decision date.
Last verified: April 2026 | U.S. Citizenship and Immigration Services (USCIS) | USCIS official website
Official Immigration Resources and Procedures
Understanding the formal process is critical. A motion to reconsider must be filed with the office that issued the unfavorable decision. You can review the official regulations governing motions and appeals on the USCIS Laws and Policy page. For cases in immigration court, the Executive Office for Immigration Review (EOIR) provides rules and forms. An immigration reconsideration lawyer Chevy Chase relies on these precise procedures to build a strong motion.
Strategic Process for Filing a Motion in Chevy Chase
Successfully filing a motion requires a meticulous, court-specific approach. In the Maryland immigration context, we analyze the denial notice for precise legal errors. The goal is to demonstrate clear legal or factual mistake to the adjudicator.
- Obtain and Analyze the Decision: Secure the complete denial or deportation order. Every cited reason must be addressed.
- Identify Legal or Factual Errors: Determine if the officer misinterpreted the law, applied the wrong legal standard, or overlooked submitted evidence.
- Draft the Legal Argument: Prepare a brief that cites the correct law, relevant case law, and directly ties the error to the unfavorable outcome.
- Assemble Supporting Evidence: Include all necessary affidavits, documents, and legal citations that were previously submitted or are newly relevant.
- File with Correct Jurisdiction and Fees: Ensure the motion is filed with the correct office (USCIS or Immigration Court) before the strict deadline, with any required filing fee or fee waiver.
- Monitor and Prepare for Next Steps: Track the case status and be prepared to escalate to the BIA or federal court if the motion is denied.
Why Choose Our Firm for Your Immigration Motion?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex immigration matters. Our “Advocacy Without Borders” philosophy means we pursue every available legal avenue. We understand that a denial is not always the final word, and a properly filed motion to reconsider can be a critical tool. We have successfully helped clients challenge decisions to reopen immigration cases and secure reconsideration.
Case Results and Client Advocacy
Our attorneys have a documented record of achieving favorable outcomes in challenging immigration scenarios. While every case is unique, our strategic approach to post-decision motions has helped many clients. For instance, we have successfully filed motions to reopen immigration cases that resulted in clients having their cases re-heard and ultimately approved.
Results may vary. Prior results do not aim for a similar outcome.
Immigration Legal Help Near Chevy Chase, MD
If you need a motion to reconsider lawyer Chevy Chase, our firm is positioned to assist. We serve clients throughout Montgomery County and the broader DC Metro area. We offer 24/7 phone consultations to discuss your denied application and the possibility of filing a motion.
Law Offices Of SRIS, P.C.
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Toll-Free: (888) 437-7747 | Local: (301) 637-8072
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Motion to Reconsider & Reopen FAQs
What is the difference between a motion to reconsider and a motion to reopen?
Yes, there is a key difference. A motion to reconsider argues the decision was wrong based on the existing record and law. A motion to reopen asks to present new facts or evidence that was not available during the original proceeding. An immigration reconsideration lawyer Chevy Chase can determine which is appropriate for your case.
How long do I have to file a motion to reconsider?
It depends on the issuing agency. For most USCIS decisions, you have 30 days from the date of the decision. For decisions from an Immigration Judge, you typically have 30 days from the date of the final order. Deadlines are strict, so contact a motion to reconsider lawyer Chevy Chase immediately.
Can I file a motion to reopen if I was ordered deported in absentia?
Yes. If you were ordered deported because you did not appear at your hearing (in absentia), you may file a motion to reopen within 180 days if you can show exceptional circumstances prevented your appearance, or at any time if you can prove you did not receive proper notice. A lawyer can help you prepare this motion.
What happens after I file a motion?
The original agency or judge will review your motion. If granted, your case will be re-adjudicated (reconsider) or re-opened for a new hearing with new evidence. If denied, you may have the right to appeal that denial to the Board of Immigration Appeals (BIA). A motion to reconsider lawyer Chevy Chase can guide you through each step.
Do I need a lawyer to file a motion to reconsider or reopen?
While not legally required, it is highly advisable. The legal standards are high, the procedures are technical, and the stakes are significant. An experienced reopen immigration case lawyer Chevy Chase knows how to craft a legally sound argument that meets all regulatory requirements and deadlines.
Related Legal Services: If you are facing other immigration challenges, our firm also assists with family-based green cards, deportation defense, and asylum applications.
Page Last verified: April 2026. Immigration laws and policies change frequently. The information on this page is for general understanding and should not be taken as legal advice for your specific case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current, case-specific guidance.