Roanoke VA Motion To Reconsider Lawyer — Can a Motion Change Your Case Outcome?
A Motion to Reconsider asks a judge or immigration official to re-examine a recent decision based on an error of law or fact. In Roanoke County, these motions are critical in both immigration proceedings at the Arlington Immigration Court and criminal cases in the Roanoke County General District Court.
What Is a Motion to Reconsider in Virginia Law?
A Motion to Reconsider is a formal request for a court or administrative body to review and change its own decision. In Virginia, the rules governing these motions depend on the type of case and court. In immigration law, motions are governed by the Immigration and Nationality Act (8 U.S.C.) and regulations from the Executive Office for Immigration Review (EOIR). In Virginia state criminal courts, procedural rules dictate the filing deadlines and standards.
Last verified: April 2026 | Roanoke County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm combines over 120 years of legal experience. Mr. Sris’s background in accounting and information systems provides a unique advantage in building detailed, fact-based motions for reconsideration.
Official Legal Resources
Understanding the legal framework is essential. For Virginia state court procedure, refer to the Code of Virginia (official Virginia General Assembly site). For immigration-specific motions, the Executive Office for Immigration Review provides governing regulations and court practice manuals.
The Local Process for Filing a Motion in Roanoke County
Filing a successful Motion to Reconsider requires precise knowledge of local procedure. For Roanoke County residents, immigration motions are filed with the Arlington Immigration Court or the relevant USCIS office, while criminal motions are filed with the Roanoke County General District Court clerk. A key local procedural fact is that immigration cases for Roanoke County residents are processed at the USCIS Washington District Office in Fairfax for applications and at the Arlington Immigration Court for removal proceedings.
- Case Review: Immediately after an unfavorable ruling, your criminal attorney will obtain the court’s written order or decision to identify specific legal or factual errors.
- Grounds Identification: Your defense lawyer will determine the valid grounds for the motion, such as a mistake of law, new evidence, or a change in controlling case law.
- Drafting the Motion: The motion must cite the specific legal authority, point out the error, and argue for a different outcome, adhering to strict page and format limits.
- Filing and Service: The motion must be filed with the correct court clerk and served on the opposing party (the Commonwealth’s Attorney or ICE counsel) before the deadline.
- Hearing Preparation: If the court schedules a hearing, your attorney will prepare oral arguments to reinforce the written motion.
- Post-Ruling Strategy: Whether the motion is granted or denied, your lawyer will advise on the next steps, which may include an appeal or other post-conviction relief.
Potential Outcomes and Legal Standards
In Roanoke County, a Motion to Reconsider does not aim for a changed outcome but is a vital tool to correct judicial error, especially in complex immigration or criminal charges defense.
| Proceeding Type | Governing Authority | Filing Deadline | Legal Standard |
|---|---|---|---|
| Immigration Court Motion | EOIR Regulations | 30 days from decision | Clear error of law or fact; newly discovered evidence |
| Virginia Criminal Case | VA Supreme Court Rules | 21 days after final order | Manifest error; interest of justice |
| USCIS Application Denial | USCIS Policy Manual | 30 days from denial | Error in application of law or policy |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Motion
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of experience handling complex motions and appeals. Mr. Sris, the firm’s founder, has a background that includes amending Virginia state law (Va. Code § 20-107.3), demonstrating a deep understanding of legal procedure and legislative intent that directly benefits motion practice. We have 34 documented case results in Roanoke County across all practice areas.
Documented Case Results
Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In Roanoke County, we have 34 total documented case results across all practice areas, achieving a 94% favorable outcome rate. These results demonstrate our consistent approach to building strong legal arguments, including motions for reconsideration.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation for Roanoke County Residents
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Our Shenandoah/Woodstock location serves clients at the Roanoke County courts. We are accessible via I-81 and other major highways. As a Roanoke VA Motion To Reconsider lawyer near Salem and Vinton, we provide dedicated representation for Cave Spring, Hollins, and Catawba residents. Of Counsel attorney Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, also assists with specific immigration matters, bringing valuable insight to case strategy. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Motion to Reconsider FAQs
How much does it cost to file a Motion to Reconsider?
It depends. Government filing fees vary. In immigration court, there is typically no fee. In Virginia criminal court, fees are minimal. The primary cost is legal representation. Our firm provides clear fee structures during a consultation.
What is the deadline to file a Motion to Reconsider in immigration court?
30 days. You generally have 30 days from the date of the Immigration Judge’s final order to file a Motion to Reconsider. Missing this deadline is usually fatal to the motion, making immediate action critical.
Can new evidence be submitted with a Motion to Reconsider?
Yes, but with strict limits. The evidence must be material, not previously available despite due diligence, and likely to change the outcome. Your criminal court lawyer must explain why the evidence is newly discovered and attach it to the motion.
What happens if my Motion to Reconsider is denied?
If denied, you may have the right to appeal the underlying decision to a higher court. The appeal process has different deadlines and procedures. A denial ends the matter in that court, so having a defense lawyer plan the next step is essential.
Do I need a lawyer for a Motion to Reconsider?
Yes. The procedural and legal details are high. Success requires pinpointing specific legal error, which demands a skilled criminal attorney. An improperly filed motion can waive important rights or foreclose future options.
For more information, see our Virginia Immigration Lawyer hub page. We also assist with criminal defense in Roanoke County and DUI charges. Residents in nearby areas can consult our immigration lawyer for Shenandoah County.
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your motion.