Motion to Reopen Lawyer Serving Somerset County, New Jersey
If your immigration case was denied or dismissed, a motion to reopen may be your legal recourse. A motion to reopen lawyer in Somerset County can file this request with the Board of Immigration Appeals or the Newark Immigration Court to present new facts or evidence. Law Offices Of SRIS, P.C.
What Is a Motion to Reopen in Immigration Law?
A motion to reopen asks an immigration judge or the Board of Immigration Appeals (BIA) to reexamine a case based on new evidence that was not available at the time of the original decision. This is a critical procedural tool governed by the Immigration and Nationality Act (8 U.S.C.) and related regulations in Title 8 of the Code of Federal Regulations. Unlike a motion to reconsider, which argues the law was misapplied, a motion to reopen introduces new facts.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | USCIS Laws & Policy
Founded in 1997 by former prosecutor Mr. Sris, our firm has built a practice focused on immigration appeals. We understand the strict deadlines and procedural hurdles involved in filing a successful motion to reopen.
Official Government Resources
Understanding the official process is key. The Board of Immigration Appeals provides procedural rules for motions. For local court procedures, refer to the Superior Court of NJ, Somerset Vicinage website for general guidance on filing legal documents in the county.
The Process for Filing a Motion to Reopen in Somerset County
For Somerset County residents, immigration appeals, including motions to reopen, are typically filed with the Newark Immigration Court or directly with the BIA in Falls Church, VA. The process is highly technical. The local procedural fact is that New Jersey’s Immigrant Trust Directive limits local law enforcement cooperation with ICE detainers, which can sometimes affect the context of a removal case but does not change federal filing procedures.
- Case Evaluation: We review your denial order and assess if new, material evidence exists to support a motion to reopen.
- Evidence Gathering: We help you collect and properly document the new facts or evidence that warrant reopening your case.
- Drafting the Motion: Our attorneys draft the legal brief, citing relevant case law and statutes, and ensure all required forms are completed.
- Timely Filing: We file the motion with the correct court (EOIR or BIA) within the strict 90-day deadline, with proof of service to the opposing counsel.
- Follow-up and Hearing: We monitor the docket, respond to any requests from the court, and prepare to argue the motion if a hearing is scheduled.
Potential Outcomes and Considerations
In Somerset County, a successful motion to reopen can reverse a deportation order, but the process is discretionary and carries no aim for of approval.
| Motion Type | Legal Basis | Typical Timeline for Decision | Key Requirement |
|---|---|---|---|
| Motion to Reopen | New, material evidence | 30-180 days from filing | Filed within 90 days of final order |
| Motion to Reconsider | Error of law or fact | 30-180 days from filing | Filed within 30 days of decision |
| Appeal to BIA | Challenge IJ’s decision | Several months to years | Filed within 30 days of decision |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Immigration Appeal
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience, we focus on cases where strategic legal action can change the outcome. Our firm-wide track record includes 4,739+ documented case results. For immigration appeals like motions to reopen, having an attorney who understands both the legal arguments and the practical realities of the Newark Immigration Court is vital.
Our Experience with Case Results
While specific results for motions to reopen in Somerset County are part of our confidential case files, our firm actively practices in New Jersey immigration courts. SRIS has handled 4,739+ documented case results with over 93% favorable outcomes firm-wide across VA, MD, NJ, NY, and DC. Each motion to reopen requires a case-specific strategy built on the new evidence presented.
Results may vary. Prior results do not guarantee a similar outcome.
Finding an Affordable Motion to Reopen Lawyer Somerset County
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) 763-0380
By appointment only.
Our New Jersey location serves clients at Somerset County courts and the Newark Immigration Court. We are accessible via I-287, Route 22, and Route 206. If you are searching for a motion to reopen lawyer near me in Somerset County, we offer 24/7 phone consultations at (888) 437-7747 — meetings are by appointment only. We serve communities including Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster.
Frequently Asked Questions: Motion to Reopen
What is the deadline to file a motion to reopen?
Yes, there is a strict deadline. Generally, you must file a motion to reopen within 90 days of the final immigration order. There are very limited exceptions for situations like changed country conditions in asylum cases or where the motion is jointly filed by both parties.
Can I file a motion to reopen if I was deported in absentia?
Yes. If you were ordered deported in absentia (because you did not appear for your hearing), you may file a motion to reopen within 180 days if you can prove you did not receive proper notice of the hearing, or at any time if you can demonstrate exceptional circumstances.
What counts as “new evidence” for a motion to reopen?
It depends. The evidence must be material, was not available at the time of the original hearing, and could not have been discovered or presented with reasonable diligence. Examples include new country condition reports, a newly approved family-based petition, or newly discovered documentation of eligibility.
Where is the immigration court for Somerset County residents?
Removal (deportation) proceedings for Somerset County residents are heard at the Newark Immigration Court. Affirmative applications like green cards and naturalization are processed at the USCIS Newark Field Office at the Peter Rodino Federal Building, 970 Broad Street, Newark, NJ 07102.
How much does it cost to hire a motion to reopen lawyer?
The cost varies based on the issues in dispute. There are also government filing fees to consider. We offer clear consultations to discuss your situation and the associated legal strategies and costs. An affordable motion to reopen lawyer in Somerset County will provide a transparent fee structure.
For more information, see our New Jersey Immigration Lawyer hub page. We also assist with related matters like criminal defense in Somerset County which can impact immigration status.
Page last verified and updated: April 2026. Immigration laws and procedures 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 guidance regarding a motion to reopen.
New Jersey law governs this practice area.
Your case in Somerset 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 Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, 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 Somerset 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: Somerset 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.