Motions to Reopen and Motions to Reconsider
By
Dev B. Viswanath, Esq.
In this day and age of Covid 19, when USCIS makes unfavorable decisions that may actually be incorrect, life becomes more complicated. A petitioner may file a motion to reopen or a motion to reconsider if their petition was denied and they do not wish to appeal to a higher department (typically the Board of Immigration Appeals or the Administrative Appeals Offices). Within 30 days of the denial or dismissal or 33 days, if the denial or dismissal decision was sent by mail, the petitioner may submit a Notice of Appeal or Motion on Form I-290B.
Request for Consideration: If the petitioner believes that an immigration judge should reconsider their decision, they should file a motion to reconsider. The motion ought to provide a justification for reconsidering the initial decision, a list of any errors of fact or law that were made in the initial decision, and the evidence or citations to the relevant legal authority that are required.
A petitioner's claim of legal, factual, or procedural errors is the basis for a motion to reconsider. Excluding relevant evidence, denying legal rights, or failing to apply prior court or Board of Immigration Appeals (BIA) decisions to the facts of the petitioner's case are all examples of errors of law or fact. The petitioner should provide both the old law and the new law as documentary evidence if the motion is the result of changes to the law.
Motion to Open Again: When the petitioner believes that their case should be re-examined due to new or altered facts, they should file a motion to reopen. New material facts that were not known or available at the time of the initial filing should be stated in the motion. Affidavits and/or other documentary evidence supporting the new facts should be included.
A motion takes anywhere from three to six months to process. The immigration services will decide the case again, taking into account the new law and the facts it did not take into account the first time if the petitioner's motion to reconsider or reopen is granted. The petitioner has the option of appealing the decision if the motion to reconsider or reopen is denied. If there are new facts and a law to consider, one may also file a motion to reopen and reconsider. Even in the Covid 19 era, there are alternatives.
