If your immigration case has been denied, you may still have options. One important set of tools are Motions to Reopen and Motions to Reconsider. These motions can be filed with USCIS or with the Immigration Court and Board of Immigration Appeals (BIA), depending on where your case was decided. At Abogada Vida, we help clients use these tools to challenge decisions, bring forward new evidence, and correct legal errors in order to protect their future and their new vida in the United States.
Motions with USCIS
- Motion to Reopen: Filed when you have new facts or evidence that were not available during the original decision. This motion is usually filed using Form I-290B, Notice of Appeal or Motion, and must include documentation that is both new and material to your case.
- Motion to Reconsider: Filed when you believe USCIS made a legal or policy error. This motion must explain clearly why the original decision was legally incorrect and cite the relevant law or policy. It must be filed within 30 days of the decision.
Motions with Immigration Court and the BIA
- Motion to Reopen: Filed to present new evidence or facts not available at the original hearing. Typically must be filed within 90 days of the final administrative order, with exceptions for certain cases such as asylum claims based on changed country conditions.
- Motion to Reconsider: Filed to argue that the judge or the BIA made a legal or factual error based on the record. Must usually be filed within 30 days of the decision and is limited to one filing.
Why These Motions Matter
Motions to Reopen and Reconsider can stop a wrongful decision from becoming final. They are opportunities to:
- Introduce new evidence that could change the outcome of your case
- Correct errors of law or fact made by USCIS, the immigration judge, or the BIA
- Keep your case alive and protect your ability to remain in the United States
How Abogada Vida Helps
These motions are complex and time-sensitive, and the government often denies them if they are not prepared correctly. At Abogada Vida, we provide:
- Careful review of your denial to determine if a motion is the right option
- Strong preparation of legal arguments and evidence
- Timely filing to meet strict deadlines with USCIS, immigration court, or the BIA
- Full representation and advocacy throughout the process
- Strategic advice if an appeal or federal court petition may be better for your case
Do Not Give Up After a Denial
A denial does not always mean the end of your immigration journey. With the right legal strategy, you may be able to reopen your case or correct legal errors that affected the outcome.
At Abogada Vida, we fight for every opportunity to protect your rights, keep your family together, and secure your new vida in the United States. Contact us today to discuss whether a Motion to Reopen or Motion to Reconsider is right for your case.
Disclaimer: The information provided here is for general informational purposes only and is not intended as legal advice. Immigration law is complex and constantly evolving. For advice tailored to your unique situation, please consult directly with our experienced attorney at Abogada Vida.
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