If U.S. Citizenship and Immigration Services (USCIS) denies your petition or application, you may still have options. Depending on the circumstances, you may be able to submit a new application, file a motion to reopen the case, or file a motion to reconsider the decision.
These legal remedies allow you to request that USCIS review its decision and, in some cases, correct an error or consider new evidence. The attorneys at Behar International Counsel APC help clients evaluate which option is appropriate and prepare motions that comply with USCIS requirements.
When USCIS denies an application or petition, you may take one of the following actions:
File a new petition or application
File a motion to reopen the denied case
File a motion to reconsider the decision
In some situations, both a motion to reopen and a motion to reconsider may be filed together.
A motion to reopen must present new facts supported by evidence that was not previously available.
A motion to reconsider argues that USCIS made an error in applying the law or policy and must be supported by legal authority showing that the decision was incorrect.
Most motions must be filed within 30 days of the decision, unless the delay was caused by circumstances beyond your control.
These motions are generally submitted using Form I-290B, Notice of Appeal or Motion, and must be sent to the correct USCIS address.
Because these filings involve strict rules, legal guidance is often necessary.
Immigration cases may involve different types of review depending on which agency made the decision.
Cases in immigration court are handled by the Executive Office for Immigration Review (EOIR), which includes immigration courts and the Board of Immigration Appeals (BIA).
An appeal asks a higher authority to review a decision made by a lower authority.
For example, if an immigration judge issues an order of removal, you usually have 30 days to file an appeal with the Board of Immigration Appeals. If no appeal is filed within that time, the decision becomes final.
If the BIA denies the appeal, you may be able to request review in the federal court of appeals.
A motion to reopen asks the immigration court or the BIA to review a case again because new facts or evidence have become available.
Common reasons for filing a motion to reopen include:
ineffective assistance of prior counsel
new eligibility for immigration relief
changes in law affecting the case
procedural errors during the original hearing
In most cases, a motion to reopen must be filed within 90 days of the final order of removal, and usually only one motion is allowed.
There are exceptions to the time limit, such as:
lack of proper notice of the hearing
cases involving domestic violence victims
joint motions agreed to by the Department of Homeland Security
reopening at the court’s discretion
Because the rules are complex, it is important to review eligibility carefully before filing.
A motion to reconsider asks the immigration judge or the BIA to review the case again based on the same facts but with a different legal analysis.
This type of motion must show that the original decision was incorrect due to a mistake in applying the law or policy.
Supporting arguments may include:
court decisions or legal precedents
immigration statutes or regulations
official policy guidance from USCIS or DHS
A motion to reconsider usually must be filed within 30 days of the final decision.
When a motion to reopen or reconsider is filed, the court or agency reviews the previous decision to determine whether it was legally correct.
In some cases, the review confirms the original decision. In other cases, the motion may allow the case to be reopened and reconsidered.
A motion can only be filed after a final decision has been issued.
Even if you believe the case was handled improperly, you must wait until the decision is made before requesting review.
Because motions are considered an extraordinary remedy, they must be carefully prepared and supported by strong legal arguments.
At Behar International Counsel APC, we assist clients in preparing motions that clearly present the facts, the law, and the reasons the case should be reopened or reconsidered.
Filing a motion to reopen or reconsider with USCIS, the immigration court, or the BIA can be challenging.
Success often depends on meeting strict deadlines, providing strong evidence, and presenting clear legal arguments.
If your case was denied, it is important to understand all available options before taking action.
The legal team at Behar International Counsel APC has extensive experience handling immigration motions, appeals, and removal defense cases. We carefully review each situation, explain your options, and help you choose the best strategy.
If you received a denial and want to know whether a motion to reopen or reconsider may help, contact Behar International Counsel APC to schedule a confidential consultation.
