Motion to Reconsider Lawyer New Kent County, VA
An immigration motion to reconsider is a formal request that asks USCIS, the Immigration Court (EOIR), or the Board of Immigration Appeals to review and reverse a prior adverse decision based on an asserted error of law or fact. For residents of New Kent County, Virginia, federal immigration proceedings are conducted at the Annandale Immigration Court, the Sterling Immigration Court, and the USCIS Washington District Office in Fairfax—not at the New Kent County General District Court. Law Offices Of SRIS, P.C. assists individuals throughout New Kent County, Providence Forge, Quinton, and the surrounding communities. Mr. Sris, Owner and Founder, together with the firm’s Of Counsel attorneys, brings extensive combined legal experience to immigration matters. The firm handles a wide range of immigration cases, including family‑based petitions, adjustment of status, deportation defense, naturalization, and post‑decision challenges such as motions to reconsider. Whether your prior application was denied or an immigration judge issued an unfavorable ruling, an experienced attorney can review the decision, identify legal errors, and advise on the most appropriate next steps. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Immigration Motions to Reconsider
A motion to reconsider is a procedural tool in federal immigration practice. It asks the adjudicator—whether a USCIS officer, an Immigration Judge, or the Board of Immigration Appeals—to reexamine a prior decision on the grounds that the decision was based on an incorrect application of law or a factual mistake. Unlike a motion to reopen, which introduces new evidence, a motion to reconsider argues that the original record supports a different outcome under the correct legal standard. The motion must be directed to the same office or court that issued the unfavorable decision, and strict filing deadlines apply. Because immigration law is federal, the New Kent County General District Court has no jurisdiction over these matters; instead, cases are processed through the Executive Office for Immigration Review and U.S. Citizenship and Immigration Services.
For New Kent County residents, the relevant venues are the Annandale Immigration Court (7619 Little River Turnpike, Suite 400, Annandale, VA 22003), the Sterling Immigration Court (21400 Ridgetop Circle, Suite 200, Sterling, VA 20166), and the USCIS Washington Field Office (2675 Prosperity Avenue, Fairfax, VA 22031). Affirmative applications such as green card adjustments and naturalization petitions are typically adjudicated at the Fairfax Field Office, while removal proceedings are heard at one of the two Immigration Courts. An attorney familiar with these venues can ensure that a motion to reconsider addresses the specific procedural and substantive requirements of the adjudicative body that issued the underlying decision.
How the Firm Approaches Immigration Motions to Reconsider
When Law Offices Of SRIS, P.C. handles a motion to reconsider, the process begins with a thorough review of the adverse decision and the entire administrative record. The firm’s Of Counsel attorneys and Mr. Sris work to identify whether the adjudicator misapplied a statute, regulation, or precedential decision, or overlooked material evidence that was already in the record. The motion then presents a focused legal argument, supported by citations to the Immigration and Nationality Act, federal regulations, and relevant case law from the Board of Immigration Appeals or the federal courts.
The firm also evaluates whether a motion to reconsider should be combined with a motion to reopen if new evidence has become available. Depending on the facts, alternative forms of relief—such as an appeal to the Board of Immigration Appeals, a petition for review in the U.S. Court of Appeals, or a new application for a different immigration benefit—may be more appropriate. The firm’s extensive experience in deportation defense, family immigration, and federal appeals allows it to advise clients on the full range of post‑decision options. All work is performed with careful attention to the applicable deadlines and procedural rules, because missed deadlines can forever bar relief.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced immigration law since 1997. A former prosecutor, he brings firsthand insight into how government agencies evaluate cases—a perspective that informs the firm’s strategy when challenging adverse decisions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
The firm’s Of Counsel attorneys contribute additional experience in areas that frequently intersect with immigration law, including criminal defense and traffic matters. This background is valuable when a motion to reconsider involves issues such as the immigration consequences of criminal convictions, credibility determinations, or the proper application of complex statutory provisions. Together, Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to each immigration matter. Law Offices Of SRIS, P.C. has documented case results in New Kent County across various practice areas, with favorable outcomes in all reported instances. Results may vary.
Frequently Asked Questions
What is a motion to reconsider in immigration law?
A motion to reconsider is a request that an immigration adjudicator reexamine a prior decision based on an asserted error of law or fact. The motion must identify the specific legal or factual mistake and explain why the decision would have been different had the error not occurred. It is filed with the same office that issued the adverse decision—USCIS, the Immigration Court, or the Board of Immigration Appeals. The motion does not allow new evidence unless it is combined with a motion to reopen. Because the rules are technical and deadlines are strict, an attorney can help determine whether a motion to reconsider is the appropriate remedy and draft a legally sufficient pleading.
When should I file a motion to reconsider in Virginia?
You should file a motion to reconsider as soon as possible after receiving an adverse decision, because strict deadlines apply. The filing window depends on the type of decision and the adjudicative body; generally, motions to reconsider must be filed within a period measured from the date of the decision. An experienced immigration attorney can calculate the exact deadline for your case and ensure the motion is timely. Delaying can cause you to lose the right to challenge the decision, so it is important to seek legal guidance promptly.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider argues that the decision was legally or factually erroneous, while a motion to reopen seeks to present new, material evidence that was not previously available. A motion to reconsider relies solely on the existing record; it does not introduce new facts. A motion to reopen, by contrast, must show that new evidence is relevant and would likely change the outcome. In some cases, both motions can be filed simultaneously, but they serve different procedural purposes and have distinct filing requirements. An attorney can help you decide which type of motion fits your situation.
Do I need an attorney for a motion to reconsider in New Kent County?
You are not legally required to hire an attorney, but immigration motions involve complex procedural rules and an attorney can help present the strong case. A motion to reconsider demands precise legal argument, proper citation to statutes and regulations, and a clear demonstration of error. Missing a deadline or failing to identify the correct legal standard can result in denial or waiver of further review. An attorney experienced in federal immigration practice can evaluate the decision, prepare a persuasive motion, and advocate on your behalf before the appropriate adjudicative body.
What happens if my motion to reconsider is denied?
If your motion to reconsider is denied, you may have the option to appeal to a higher authority, depending on the type of case and the jurisdiction. For example, a denial by an Immigration Judge can often be appealed to the Board of Immigration Appeals, and a denial by the Board can be challenged in the U.S. Court of Appeals. In some USCIS contexts, there may be an administrative appeals process or the possibility of filing a new application. Because the appeal deadlines are separate and often short, it is important to consult with an attorney immediately after a denial to preserve your rights.
How does Law Offices Of SRIS, P.C. handle motions to reconsider for New Kent County clients?
The firm thoroughly reviews the adverse decision and the entire administrative record, identifies legal or factual errors, and prepares a detailed motion supported by legal authority and evidence. Mr. Sris and the firm’s Of Counsel attorneys then file the motion with the appropriate adjudicative body and, if necessary, advocate at any subsequent hearing. The firm’s Richmond location at 7400 Beaufont Springs Drive, Suite 300, Richmond, VA 23225 serves clients throughout New Kent County. By appointment only; call (888) 437‑7747 to schedule a consultation.
For additional immigration representation in nearby Virginia communities, visit our Immigration Lawyer Fairfax County, Immigration Lawyer Prince William County, Immigration Lawyer Manassas, and Immigration Lawyer Falls Church pages.
For information on the Virginia court system, visit the Virginia Judicial System website. Virginia statutes are available through the Virginia Code. Immigration law is federal and is not contained in the Virginia Code; consult the U.S. Code and federal regulations for immigration provisions.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.