Motion to Reconsider Lawyer Logan Circle — Can You Challenge an Immigration Decision?
A Motion to Reconsider asks USCIS or an immigration judge to re-examine a decision based on an error of law or fact. In Logan Circle, filing this motion is a strict, time-sensitive process. Law Offices Of SRIS, P.C. provides focused legal representation to prepare and file a strong Motion to Reconsider, aiming to correct legal errors and seek a favorable outcome for your case.
Last verified: April 2026 | U.S. Citizenship and Immigration Services (USCIS) | USCIS.gov
What Is a Motion to Reconsider in Immigration Law?
A Motion to Reconsider is a formal request asking the original decision-maker—either a United States Citizenship and Immigration Services (USCIS) officer or an immigration judge—to re-evaluate their decision based on a mistake of law or fact that was made when the case was decided. It is not an appeal to a higher court but a petition for the same authority to review its own work. The motion must identify the specific legal or factual error and provide supporting evidence or legal argument as to why the decision should be changed. Successfully filing a Motion to Reconsider requires precise legal argumentation and strict adherence to procedural deadlines.
Official Government Resources
Understanding the formal procedures is critical. You can review the Department of Homeland Security’s regulations governing motions before the Executive Office for Immigration Review (EOIR) at the Executive Office for Immigration Review. For USCIS-specific procedures, the official policy manual is available at USCIS Policy Manual.
- Obtain and Review the Decision: Carefully analyze the denial or deportation order to identify clear errors of law or fact.
- Draft the Legal Argument: Prepare a concise motion citing specific statutes, case law, or agency policy that contradicts the decision.
- Assemble Supporting Evidence: Gather all relevant documents, affidavits, or country condition reports that support your claim of error.
- File with the Correct Authority: Submit the motion to the same USCIS office or immigration court that issued the original decision, paying any required fees.
- Prepare for Possible Outcomes: Be ready for the decision to be reaffirmed, which may require filing an appeal to the Board of Immigration Appeals (BIA) or exploring other relief.
Why Legal Strategy Matters for a Motion to Reconsider
Filing a Motion to Reconsider is a technical legal procedure with a high standard for success. The motion must demonstrate that the decision was incorrect based on the evidence and law that was already part of the record at the time of the decision. New evidence is generally not considered, which distinguishes it from a Motion to Reopen. A strategic approach involves a pinpoint attack on the legal reasoning or factual findings in the original decision. An experienced immigration reconsideration lawyer in Logan Circle can assess whether this is the correct procedural path or if a Motion to Reopen or an appeal is more appropriate for your situation.
Documented Case Experience
Our attorneys approach each motion with a detailed strategy. For example, we have successfully argued motions where USCIS incorrectly applied the law regarding visa eligibility or where an immigration judge made a factual error regarding country conditions in an asylum case.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
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Our immigration attorneys serve clients in and around Logan Circle. If you need to file a Motion to Reconsider or explore options to reopen your immigration case, contact us to discuss your legal strategy.
Frequently Asked Questions: Motion to Reconsider
What is the deadline to file a Motion to Reconsider?
Yes, there is a strict deadline. For most USCIS decisions, you have 30 days from the date of the decision to file a Motion to Reconsider. For decisions from an immigration judge, the deadline is also typically 30 days. Missing this deadline usually means you lose the right to file this motion.
Can I submit new evidence with a Motion to Reconsider?
No, generally not. A Motion to Reconsider is based on the existing record and argues there was a legal or factual error in the original decision. If you have new evidence, you likely need to file a Motion to Reopen your immigration case instead. A lawyer in Logan Circle can advise on the correct procedural tool.
What’s the difference between a Motion to Reconsider and a Motion to Reopen?
A Motion to Reconsider argues the decision was wrong based on the existing facts and law. A Motion to Reopen asks for a new proceeding based on new facts or evidence that were not available during the original case. Choosing the right motion is a critical strategic decision.
Who should I hire to help with a Motion to Reconsider?
You should consult an immigration reconsideration lawyer in Logan Circle with specific experience in immigration motions practice. This area requires precise knowledge of procedural rules, filing deadlines, and the legal standards for convincing USCIS or an immigration court to reverse its own decision.
What happens if my Motion to Reconsider is denied?
If the motion is denied, you may have the option to appeal that denial to the next higher authority, such as the Board of Immigration Appeals (BIA) or, in the case of a USCIS decision, to the Administrative Appeals Office (AAO). Your attorney can discuss these appellate options and other potential forms of relief.