What Is a Motion To Reconsider In An Immigration Application?

ImmigrationFiling a petition for a family-based immigration visa such as a green card is not a guarantee that the government will approve your application. That’s because there are a number of reasons that the government could deny your request, and in most instances, you will have to file the application again.

However, you also have the option of filing a motion to reconsider, which is essentially a request to have the same government agency that denied your petition review your immigration application one more time because you believe that the decision was incorrect based on the evidence you provided. Read what our Permanent Visas Attorney has to say on the matter:

What Is the Process To File a Motion To Reconsider? 

To file a motion to reconsider an immigration petition, you must first make sure that your case is eligible for reconsideration.

According to the U.S. Citizenship and Immigration Services (USCIS), a motion to reconsider is a request to the original decision-maker to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration.

You can file the motion to reconsider using Form I-290B, and you must include evidence that shows that the government made a decision based on an incorrect application of [the] law or USCIS policy. 

It’s vital that you complete the form accurately, and submit it with the current fee, which is available on the USCIS website. But if you are filing a motion to reconsider for an asylum petition, the fee is waived.

You must also file the motion to reconsider within 30 days of the date the initial decision was made, and in general, it takes about three months to receive a decision about your motion. 

Unfortunately, you cannot submit new evidence or evidence of changed circumstances in your motion to reconsider.

If you have new evidence or changed circumstances, you must file a motion to reopen, which has a different set of standards. 

The Importance of Hiring An Immigration Lawyer 

When you are filing a petition for an immigration visa or for an immigration request to change your residency status, you should strongly consider hiring an experienced immigration lawyer. Immigration laws and regulations are always changing, and if you are not aware of those changes, your documents will not be completed properly. One minor error can result in a significant delay in processing or a denial of your petition.

Elissa I. Henry Law Firm, PLLC has the resources and experience to help you with your family-based immigration claim. We can help you with petitions for green card renewal, fiancé visas, finalizing your citizenship application, employment authorization, motions to reconsider, motions to reopen, and much more. Contact us today.

Additional Reading

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