Union County Motions to Reopen or Reconsider Lawyer — Can You Appeal an Immigration Decision?
If your immigration case in Union County has been denied, a motion to reopen or reconsider may be your legal recourse. These post-decision filings ask the court or agency to re-examine your case based on new evidence or legal error. The Law Offices Of SRIS, P.C. provides strategic guidance for these procedures.
What Are Motions to Reopen or Reconsider in Immigration Law?
In immigration proceedings, a Motion to Reopen asks the court or the Board of Immigration Appeals (BIA) to re-examine a case based on new, material facts or evidence that was not available at the time of the original decision. A Motion to Reconsider argues that the decision was incorrect based on the existing record, citing errors in the application of law or policy. These are critical tools for challenging unfavorable rulings from USCIS or an immigration judge. Strict deadlines apply—typically 30 days for a motion to reconsider and 90 days for a motion to reopen—making prompt legal action essential.
Last verified: April 2026 | U.S. Citizenship and Immigration Services | USCIS official website
Official Resources and Legal Citations
Understanding the governing regulations is the first step. Motions to reopen or reconsider are primarily governed by the Code of Federal Regulations (CFR). For proceedings before the Executive Office for Immigration Review (EOIR), the relevant rules are found in 8 CFR § 1003.2 (for the BIA) and 8 CFR § 1003.23 (for Immigration Judges). These sections detail the grounds, time limits, and procedural requirements for filing these motions. It is highly advisable to consult the official USCIS Laws and Policy page and the Executive Office for Immigration Review website for the most current forms and instructions.
The Local Process for Filing in Union County
While immigration matters are federal, your physical location in Union County, NJ, connects you to specific filing addresses and potential court venues, such as the Newark Immigration Court. The procedural edge lies in meticulous preparation. An effective motion must precisely identify the legal or factual error, supported by binding case law or previously unavailable evidence. In practice, judges scrutinize these filings for compliance with procedural rules; even minor errors can lead to a swift denial.
- Case Review & Strategy: Immediately obtain a copy of the denial decision. An attorney will analyze it for appealable errors or identify new evidence.
- Evidence Gathering: Collect all new, material evidence that supports your motion. This must be evidence that was not available and could not have been discovered for the original hearing.
- Drafting the Motion: The legal brief must clearly state the grounds (reopen or reconsider), cite specific legal errors or present new facts, and include all supporting documentation.
- Filing & Service: File the motion with the correct court or agency (e.g., BIA, Immigration Court, or USCIS) within the strict deadline. Ensure proper service on the opposing counsel (ICE Attorney).
- Follow-Up & Hearing: Monitor the docket for a decision. Some motions may be decided on the papers; others may be set for a new hearing.
Why Choose Our Firm for Your Immigration Motion?
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined experience to immigration challenges. Our philosophy is “Advocacy Without Borders,” focusing on diligent, case-specific post-decision strategies. We understand the high stakes of motions to reopen or reconsider and prepare each filing to meet the exacting standards of immigration tribunals.
Seeking an Affordable Motions to Reopen or Reconsider Lawyer Union County
Facing a denied immigration application can be financially stressful. We work with clients to provide clear fee structures for motion preparation and filing. When you need a motions to reopen or reconsider lawyer near me Union County, our team offers focused representation aimed at efficiently handling the appeal process. We provide 24/7 phone consultations to discuss your case and options.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Immigration Team in New Jersey
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
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Frequently Asked Questions: Motions to Reopen or Reconsider
What is the difference between a motion to reopen and a motion to reconsider?
Yes, there is a key difference. A motion to reconsider argues the decision was wrong based on the existing record and legal errors. A motion to reopen presents new facts or evidence that were not available during the original proceeding. Each has different grounds and filing deadlines.
How long do I have to file a motion to reopen or reconsider?
It depends on the tribunal. For most decisions by an Immigration Judge or the BIA, you have 30 days to file a motion to reconsider and 90 days to file a motion to reopen. Deadlines are strict and jurisdictional, meaning missing them typically forfeits your right to file.
Can I file a motion if I’ve already been deported?
Yes, in some cases. If you have been removed from the U.S., you may still file a motion to reopen from abroad, but you must demonstrate exceptional circumstances. This is an extremely demanding area where immediate legal advice from a motions to reopen or reconsider lawyer Union County is critical.
What happens after I file the motion?
The government (ICE) will have a chance to respond. The judge or BIA will then review the filings and make a decision. This can take several months. If the motion is granted, your case will be reopened for a new hearing or reconsidered based on your arguments.
Do I need a lawyer to file a motion to reopen or reconsider?
While not legally required, it is highly advisable. The procedural and legal requirements are demanding. An experienced affordable motions to reopen or reconsider lawyer Union County can properly identify grounds, gather evidence, draft persuasive legal arguments, and ensure timely filing, significantly improving the chance of success.
Related Practice Areas: If your case involves other issues, explore our pages on Removal Defense in New Jersey and Immigration Appeals.
Other Localities: We also assist clients in neighboring areas like Essex County and Middlesex County.
State Hub: For more information on our statewide practice, visit our New Jersey Immigration Lawyer hub page.
Page last verified and updated: 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 guidance regarding motions to reopen or reconsider.
Your case in Union 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 Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, 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 Union 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: Union County NJ lawyers directory · Motions to Reopen or Reconsider Lawyer Bergen County, NJ · Motions to Reopen or Reconsider Lawyer Hudson County, NJ · Motions to Reopen or Reconsider Lawyer Monmouth County, NJ.