Motion to Reconsider Lawyer Orange County, VA

When an immigration application or petition is denied by U.S. Citizenship and Immigration Services (USCIS) or an unfavorable decision is issued by the Arlington Immigration Court, you may have the right to ask the deciding body to revisit its ruling. A motion to reconsider is a formal request that an immigration adjudicator reexamine a decision based on an error of law or fact in the prior determination. For residents of Orange County, Virginia, motions to reconsider are filed before the same agency that issued the decision—USCIS for affirmative applications such as adjustment of status, naturalization, or I-751 removal of conditions, and the Executive Office for Immigration Review (EOIR) for matters pending before the Arlington Immigration Court. Law Offices Of SRIS, P.C. represents Orange County individuals and families in preparing and filing motions to reconsider, working to preserve eligibility and challenge erroneous rulings. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What a Motion to Reconsider Means in Orange County, Virginia

Orange County residents applying for immigration benefits through USCIS typically have their green card, citizenship, or work permit applications processed at the USCIS Washington District Office, located at 2675 Prosperity Avenue in Fairfax. If USCIS denies an application, a motion to reconsider allows an applicant to present a written argument that the denial was based on an incorrect application of law or policy. The motion is filed with the USCIS service center or field office that issued the decision, and the applicant must identify the specific error in the denial notice and provide supporting legal authority.

When a case is in removal proceedings before the Arlington Immigration Court at 1901 South Bell Street in Arlington, a motion to reconsider is governed by the Immigration and Nationality Act and EOIR practice rules. The motion asks the immigration judge to reweigh evidence or correct a legal mistake that may have affected the outcome. Motions filed with the Board of Immigration Appeals (BIA) operate under a similar standard. Understanding which forum controls—USCIS, the immigration court, or the BIA—is essential, because each forum has its own timeliness requirements and filing procedures. Law Offices Of SRIS, P.C. helps Orange County clients determine the correct venue and prepare a well-supported motion that addresses the legal or factual deficiency identified in the prior ruling.

How Mr. Sris and His Of Counsel Handle Motion to Reconsider Cases

When a client approaches Law Offices Of SRIS, P.C. with a denied immigration benefit or an adverse immigration court ruling, the first step is a thorough review of the decision and the underlying record. Mr. Sris and his Of Counsel examine the denial notice, the evidence of record, and the applicable statutes and regulations to identify whether the decision rests on a mistake of law—such as misinterpretation of a statute—or a clearly erroneous factual finding. The motion must be supported by a legal memorandum that cites binding precedent and demonstrates why the original decision cannot stand, while also addressing any new policy guidance or case law that may strengthen the argument.

In practice, filing a motion to reconsider does not automatically stop removal proceedings or toll filing deadlines for appeals, so timing is critical. The team evaluates whether simultaneous relief—such as a motion to reopen based on new facts—may be warranted. Mr. Sris and his Of Counsel prepare the motion and any supporting affidavits or documentation, file it with the appropriate tribunal, and continue to communicate with the government throughout the adjudication process. The goal is to present a compelling case that the prior decision was erroneous and that the applicant remains eligible for the immigration benefit sought.

About Mr. Sris and His Of Counsel Team

Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., which has served clients since 1997. A former prosecutor, he is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He leads the firm’s immigration practice and works personally on complex motions to reconsider that involve nuanced legal questions or high stakes, drawing on extensive combined legal experience between Mr. Sris and his Of Counsel.

The Of Counsel team engaged through Excella includes attorneys with federal immigration litigation experience and familiarity with EOIR procedures. They assist in researching legal issues, drafting memoranda, and ensuring that each motion aligns with current agency standards. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.

Frequently Asked Questions

What is a motion to reconsider in immigration law?

A motion to reconsider is a formal request asking USCIS, an immigration judge, or the Board of Immigration Appeals to review and correct a prior decision based on an error of law or fact. It does not introduce new evidence; instead, it contends that the earlier ruling misapplied the law or overlooked key facts already in the record. The motion must be filed within the time limits set by the applicable tribunal’s rules and must specify the legal or factual error with precision.

When can I file a motion to reconsider a denied green card application?

You may file a motion to reconsider within 30 days of the denial if the denial notice was issued by USCIS or an immigration judge, although deadlines vary by forum. The motion must show that the denial was legally erroneous or that the adjudicator failed to consider evidence properly submitted with the application. An experienced attorney can evaluate whether a motion to reconsider is the appropriate remedy or whether another option, such as a new application or an appeal, offers a better path.

How does a Virginia lawyer handle a motion to reconsider at the Arlington Immigration Court?

An attorney handling a motion to reconsider before the Arlington Immigration Court reviews the immigration judge’s oral or written decision, identifies legal or factual errors, and drafts a detailed brief supported by precedent. The motion is filed with the court within the statutory deadline, and the attorney may also request a stay of removal if the motion could affect the outcome of a pending removal order. The judge then decides whether to grant the motion and reopen proceedings.

Can a motion to reconsider stop deportation proceedings?

Filing a motion to reconsider does not automatically halt removal proceedings. However, if the motion raises a substantial legal error and the applicant would suffer irreparable harm, counsel may request a stay of removal while the motion is pending. Whether a stay is granted depends on the specific facts and the immigration judge’s discretion. Prompt action is essential, and consulting an attorney as soon as an adverse decision is received helps preserve options.

Do I need a lawyer to file a motion to reconsider?

While no law requires you to have a lawyer to file a motion to reconsider, the process demands a thorough understanding of immigration statutes, regulations, and case law. Identifying an error of law and presenting it persuasively to an immigration judge or USCIS officer typically requires legal training and experience. An attorney can assess whether the motion has a reasonable chance of success and prepare the necessary legal arguments. For a consultation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What are the most common reasons USCIS denies a motion to reconsider?

USCIS often denies a motion to reconsider when the applicant fails to identify a specific legal or factual error, raises arguments that could have been made earlier, or simply disagrees with the outcome without pointing to a mistake. The motion must be supported by legal authority and must demonstrate that the original decision was inconsistent with the law or with the agency’s own policy. Repetition of the same evidence without addressing the error is also a common ground for denial.

Last reviewed: July 2026

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