Motion to Reopen Lawyer in Salem County, NJ — What Are Your Options?
If your immigration case was denied or ordered removed in absentia, filing a Motion to Reopen may be your legal recourse. In Salem County, this process is governed by federal immigration law and the rules of the Executive Office for Immigration Review (EOIR). A successful motion to reopen lawyer Salem County filing can restart your case before the immigration judge.
What Is a Motion to Reopen in Immigration Court?
A Motion to Reopen asks the immigration court or the Board of Immigration Appeals (BIA) to reconsider a decision based on new facts or evidence that were not available at the time of the original hearing. It is a critical procedural tool when you believe the court’s decision was incorrect. Common grounds include changed country conditions, new eligibility for relief, or failure to receive notice of a hearing (skilled to an in absentia order of removal).
Last verified: April 2026 | Superior Court of NJ, Salem Vicinage | U.S. Department of Justice Executive Office for Immigration Review
The firm was founded in 1997 by former prosecutor Mr. Sris, who brings a strategic understanding of legal procedures to contested immigration matters.
Official Immigration Law Resources
Understanding the legal framework is essential. The U.S. Citizenship and Immigration Services (USCIS) Laws and Policy site provides access to the Immigration and Nationality Act (INA). For court procedures and forms, the EOIR Office of the Chief Immigration Judge is the authoritative .gov source.
Local Procedure for Filing a Motion to Reopen in Salem County
While immigration courts are federal, clients in Salem County often have their cases heard at the Immigration Court in Newark or Philadelphia. The procedural steps are uniform but require strict adherence to deadlines and evidentiary standards. The key local procedural fact is that motions to reopen have strict filing deadlines—typically 90 days for most motions and 180 days for motions to rescind an in absentia order—making timely action critical.
- Case Review & Grounds Identification: An attorney reviews your final order and identifies valid legal grounds for reopening, such as new evidence or lack of proper notice.
- Evidence Gathering: Collect all new, material evidence that was not previously available and could change the outcome of your case.
- Motion Drafting & Legal Argument: The motion is drafted, citing specific legal provisions from the INA and relevant case law to support your request.
- Filing with the Correct Court: The motion, supporting evidence, and required fees (or fee waiver request) are filed with the immigration court that issued the original order or with the BIA.
- Responding to Government Opposition: If the Department of Homeland Security (DHS) opposes the motion, a reply brief may be necessary to counter their arguments.
- Awaiting the Judge’s Decision: The immigration judge or BIA will review the motion and issue a written decision, either granting or denying the request to reopen.
Consequences of an Immigration Court Order
In immigration proceedings, a final order of removal can lead to detention and deportation, severing your ties to life in the United States. Filing a timely Motion to Reopen is often the only way to stop this process and present new evidence for relief.
Our Approach to Immigration Case Reopening
Law Offices Of SRIS, P.C., founded in 1997, applies a detail-oriented approach to motions practice. We focus on building a strong factual record and constructing a persuasive legal argument that meets the stringent standards of the immigration courts. Our firm-wide experience across multiple states informs our strategy for each client’s unique situation.
For an affordable motion to reopen lawyer Salem County residents can consult, our team evaluates every case to identify the most viable path forward.
Local Presence for Salem County Residents
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-9900
By appointment only.
Our New Jersey location serves clients throughout Salem County, including Salem, Pennsville, Carneys Point, Woodstown, Pilesgrove, Alloway, Quinton, and Elsinboro. We provide 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment only. If you are searching for a motion to reopen lawyer near me Salem County, we are accessible to discuss your case.
Frequently Asked Questions: Motion to Reopen
What is the deadline to file a Motion to Reopen?
It depends. Generally, you have 90 days from the final order. For motions to rescind an in absentia (missed hearing) removal order, the deadline is 180 days. Certain exceptions exist for changed country conditions or ineffective assistance of counsel.
Can I file a Motion to Reopen if I was deported?
Yes, in some cases. Individuals outside the U.S. can file a motion to reopen under specific circumstances, but the procedural hurdles are significant. It typically requires a joint motion with the Department of Homeland Security or proof of exceptional circumstances.
What evidence is needed for a Motion to Reopen?
You must present new, material evidence that was not available at the time of your original hearing and that would likely change the outcome. This can include new country condition reports, recently obtained documents, or affidavits from professionals or witnesses.
How long does it take to get a decision?
There is no set timeline. The immigration court or BIA can take several months to over a year to rule on a Motion to Reopen. The the issues involved of the case and the court’s docket are major factors in the processing time.
What happens if my Motion to Reopen is granted?
If granted, your immigration case is reopened before the immigration judge. Your previous order is vacated, and you will get a new hearing date to present your full case, including the new evidence, for a fresh decision.
Page last verified and updated: April 2026. Immigration laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your motion to reopen lawyer Salem County needs.
Your case in Salem County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Salem County that is the Superior Court of NJ, Salem Vicinage (1st Vicinage), 92 Market Street, Salem, NJ 08079, telephone (856) 878-5050, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Salem County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Salem County NJ lawyers directory · Motion to Reopen Lawyer Bergen County, NJ · Motion to Reopen Lawyer Hudson County, NJ · Motion to Reopen Lawyer Monmouth County, NJ.