Motion to Reconsider Lawyer Henrico, VA
You submitted an immigration application with supporting documents and waited. Instead of an approval, you received a denial notice from USCIS. The grounds seem thin, or the officer overlooked key evidence. You believe the decision was based on a mistake. In Henrico County, Virginia, many residents face similar situations—a denial that feels unjust. A motion to reconsider offers a path to ask the same deciding body to review its decision, highlighting legal or factual errors. Law Offices Of SRIS, P.C. represents Henrico-area clients seeking to challenge adverse USCIS, Immigration Court, or Board of Immigration Appeals rulings. Reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How We Approach Motions to Reconsider
Every motion to reconsider begins by pinpointing the error. The firm’s Of Counsel attorneys, together with Mr. Sris, examine the denial notice, the original petition, and the supporting record. They identify whether the adjudicator misapplied a legal standard, overlooked documentary evidence, or made a factual mistake. The motion package is targeted: a concise legal brief, an index of corrected evidence, and a specific request for the relief denied—reopening a Green Card application, vacating a removal order, or reinstating a visa petition. The work respects the strict filing deadlines set by federal regulation, and every argument ties to the statute or precedent that governs immigration motions to reconsider. In Henrico County’s federal immigration practice, where applicants live across the Richmond metro area, the firm’s approach combines precise legal analysis with a clear narrative of what should have happened at the first review.
When the original decision comes from the Arlington Immigration Court or the Board of Immigration Appeals, the motion practice follows the rules of the Executive Office for Immigration Review. The firm’s Of Counsel attorneys and Mr. Sris prepare the motion and any supporting briefs, seeking to stay removal or reopen proceedings. They also coordinate with Henrico clients to gather additional affidavits, updated country-condition reports, or corrected translations that support reconsideration. The aim is to fix the record and persuade the adjudicator to correct the outcome without the delay and expense of a new proceeding.
What to Expect After Filing a Motion
Once the motion is filed, the deciding body reviews the submission. Processing times vary by venue and case complexity. A motion filed with USCIS may take several months; a motion to reopen before the Immigration Court often moves faster if a removal order is imminent. The firm stays in communication with you throughout the process, providing updates as the case progresses. In some instances, the government may file an opposition, and the firm prepares a reply brief that further addresses the points in dispute. If the motion is granted, the underlying benefit—whether a Green Card, a visa petition, or a cancellation of removal—proceeds to reassessment. If it is denied, the firm evaluates whether an appeal to the Board of Immigration Appeals or the federal circuit court is appropriate. In Henrico, Mr. Sris and the firm’s Of Counsel attorneys guide clients through each step, from evidence gathering to final decision, so no one faces the system alone.
The Stakes When a Motion Is Not Filed
An unreversed denial can have lasting consequences. For a Henrico family whose marriage-based Green Card petition was denied, the applicant may fall out of lawful status, accrue unlawful presence, and become subject to removal. A denied asylum application may lead to a final removal order and the risk of return to a country where the individual fears persecution. A wrongly denied naturalization application can delay citizenship and curtail rights. The law provides a limited window to seek reconsideration; missing that window can eliminate the chance to correct the record. The firm’s role is to help Henrico County residents use the motion-to-reconsider remedy while it remains available and, where possible, preserve the pathway to permanent residence, citizenship, or other relief. For a deeper statutory breakdown, see our comprehensive analysis of Virginia immigration law.
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. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he draws on decades of experience to craft motions that address both the legal standards and the human dimensions of each case. The firm’s Of Counsel attorneys add their own extensive experience in federal immigration proceedings. Together, they bring extensive combined legal experience to Henrico County immigration matters. Results may vary.
Frequently Asked Questions
What is a motion to reconsider in immigration?
A motion to reconsider asks the same deciding body that denied an immigration benefit or issued a removal order to re-examine its decision based on a claim of legal or factual error. It is not an appeal to a higher court. The motion must identify the specific mistake—misapplied law, overlooked evidence, or procedural irregularity—and explain why correction would change the outcome. Filing deadlines and content requirements are strict. A successful motion can reopen a Green Card application, vacate a removal order, or restore eligibility for relief without a full new proceeding. For guidance on your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How long do I have to file a motion to reconsider in Henrico?
The filing deadline depends on whom the motion is directed to. For USCIS decisions, most motions must be submitted within 30 days of the denial, though some forms allow a longer period if the denial was mailed. In Immigration Court proceedings, a motion to reconsider must generally be filed within 30 days of the decision. The Board of Immigration Appeals also imposes a 30-day deadline. Missing the deadline usually forfeits the right to seek reconsideration, so contact a Henrico immigration attorney promptly. To discuss your deadline, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Do I need new evidence for a motion to reconsider?
A motion to reconsider can be based purely on legal error—no new evidence required. However, if the original decision was based on a factual misunderstanding, submitting additional documents can strengthen the argument. The key is showing that the adjudicator incorrectly applied the law or misread the record. Fresh evidence that was previously unavailable may be included, but it is not mandatory; the motion can stand solely on pointing out a mistake in the original analysis. For a consultation about your case, call (888) 437-7747.
What happens if my motion is denied?
If the motion is denied, the original decision remains in effect. Depending on the venue, you may have the option to appeal to the Board of Immigration Appeals or, in limited circumstances, to the federal circuit court. An appeal has different rules and a tighter timeline. The firm evaluates the denial to determine if an appeal is viable or if seeking alternative relief, such as a new application or a stay of removal, is a better path. For guidance on next steps, call Law Offices Of SRIS, P.C. at (888) 437-7747.
Where are Henrico immigration cases heard?
Henrico County residents file affirmative applications with the USCIS Washington Field Office in Fairfax, Virginia. Removal (deportation) cases are heard at the Arlington Immigration Court. Appeals go to the Board of Immigration Appeals in Falls Church. Motions to reconsider can be filed in the same venue that issued the denial—USCIS, the Immigration Court, or the Board. The firm’s Of Counsel attorneys and Mr. Sris appear before all these bodies and guide Henrico clients through the specific procedural rules of each. To discuss your case, call (888) 437-7747.
Can I file a motion to reconsider while I am in removal proceedings?
Yes, you can seek reconsideration of a prior adverse decision even while you are in active removal proceedings. For example, if an asylum application was previously denied but you are now in removal, a motion to reconsider can ask the Immigration Judge to revisit that denial. The motion must be filed according to the Immigration Court’s procedural rules and deadlines. It can be combined with other forms of relief. To explore this option in Henrico, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How much does a motion to reconsider cost in Virginia?
USCIS charges a filing fee for most motions to reconsider; the current fee is $675 for the I-290B form used to challenge many USCIS decisions. Some motions, such as a motion to reopen an in absentia removal order, may be fee-exempt. Attorney fees vary based on the complexity of the case. The firm discusses fees during an initial consultation so you know what to expect before proceeding. To schedule a consultation, call (888) 437-7747.
What is the difference between a motion to reconsider and a motion to reopen?
A motion to reconsider challenges the legal or factual basis of the original decision; a motion to reopen introduces new facts or evidence that were not previously available. The two are often conflated, but they serve different purposes. A motion to reconsider argues the decision was wrong on its face; a motion to reopen argues that new information warrants a fresh look. Both must be filed within strict timelines, and the firm helps Henrico clients determine which remedy fits their situation. For a consultation, call (888) 437-7747.
Do I need a lawyer to file a motion to reconsider in Henrico?
You are not required to hire a lawyer to file a motion to reconsider, but a trained immigration attorney can help identify the strongest legal arguments and avoid procedural mistakes that could lead to another denial. Pro se filers often miss nuance about evidentiary standards or case law that a lawyer would catch. The firm’s Henrico-area clients work with experienced counsel who know the local immigration court practices and the USCIS field office procedures. To discuss representation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Serving Henrico County and surrounding areas: Richmond Immigration Lawyer · Fairfax County Immigration Lawyer · Prince William County Immigration Lawyer · Loudoun County Immigration Lawyer
Contact Law Offices Of SRIS, P.C. Today. If you are in Henrico County and need help with a motion to reconsider an immigration decision, call (888) 437-7747 to schedule a consultation. The firm’s Richmond location serves Henrico residents by appointment at 7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225. Appointments are available by request.
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