Motion to Reconsider Lawyer Albemarle County, VA

A motion to reconsider is a request asking an immigration agency or court to review a decision it previously made, based on an argument that the decision was legally or factually incorrect when it was issued. For individuals in Albemarle County whose applications for immigration relief have been denied, or who are in removal proceedings, a well-prepared motion to reconsider can be a critical step toward obtaining a favorable outcome. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. assist clients in the Charlottesville area, Crozet, Earlysville, Ivy, and other communities with drafting and filing motions to reconsider before USCIS, the Executive Office for Immigration Review, and the Board of Immigration Appeals. To discuss your situation, contact the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Is a Motion to Reconsider in Immigration?

A motion to reconsider identifies an error of law or fact in a prior decision. It asks the same adjudicating body—whether a USCIS officer, an immigration judge, or the Board of Immigration Appeals—to re‑examine its ruling. The motion is based on the existing record; it does not introduce new evidence. That distinguishes it from a motion to reopen, which is based on new, material facts that were not previously available. Both types of motions are governed by the Immigration and Nationality Act and associated regulations, including 8 U.S.C. § 1101 et seq. Success depends on pinpointing the specific error and presenting a persuasive argument within the strict deadlines contained in the statute and agency rules.

How Mr. Sris and His Of Counsel Assist with Immigration Motions in Albemarle County

Albemarle County residents generally have their affirmative immigration applications processed at the USCIS Washington District Office in Fairfax, Virginia. Removal proceedings are heard at the Arlington Immigration Court. A motion to reconsider may be filed in either forum depending on where the underlying decision was made. Mr. Sris, a former prosecutor and Owner and Founder of Law Offices Of SRIS, P.C., works with his Of Counsel to review the case record, identify legal errors, and draft a motion that meets the jurisdictional and timeliness requirements. The firm appears at the Arlington Immigration Court and before USCIS on behalf of Albemarle County clients. Because immigration motions involve tight deadlines and specific procedural requirements, early consultation with an experienced attorney is important. No specific filing fee or processing timeline can be stated here—those details vary by case and are subject to change—but the firm can provide current information during a consultation.

Albemarle County General District Court is currently presided over by Hon. Claiborne H. Stokes Jr.. Court hours: Mon-Fri 8:00AM-4:00PM. Counsel appearing on immigration matters should plan filings accordingly.

Frequently Asked Questions

What is a motion to reconsider in an immigration case?

A motion to reconsider challenges the correctness of a prior decision by asserting an error of law or fact. It is a request for the same body that issued the decision to re‑evaluate it. The motion does not allow new evidence; it relies on the record that was before the adjudicator at the time. If the motion is successful, the original decision is vacated and the case proceeds further.

When can I file a motion to reconsider?

Deadlines for motions to reconsider are set by federal regulation. Generally, a motion must be filed within the time period set by federal regulation, but exceptions apply in certain circumstances. The precise deadline depends on the type of decision and the forum. Missing the deadline can result in the motion being rejected, so it is important to consult with counsel promptly after a denial. Mr. Sris and his Of Counsel help clients meet the applicable filing deadlines.

What is the difference between a motion to reconsider and a motion to reopen?

A motion to reconsider argues that the prior decision was wrong on the law or the facts as they existed at the time. A motion to reopen, in contrast, introduces new and previously unavailable evidence that would likely change the outcome. The two motions have different legal standards and may be subject to different deadlines. In some situations, a party may file both motions together, but each must meet its own requirements.

What should I do if my immigration application is denied?

Review the denial notice carefully to understand the stated reason. If you believe the decision was based on a legal mistake or a misinterpretation of the evidence, you may have grounds for a motion to reconsider. Do not delay—there are strict time limits. Gather all documents related to the case and contact an attorney who practices in immigration law. The firm can evaluate whether a motion to reconsider or some other form of relief is appropriate.

How can an immigration lawyer help with a motion to reconsider?

An attorney can identify the precise legal error in the decision, research supporting authority, and draft a motion that frames the argument effectively. The attorney also ensures the motion is filed with the correct office, within the jurisdictional deadline, and with the required supporting documentation. Because self‑represented litigants often miss procedural requirements, having counsel improves the chances that the motion will be considered on its merits.

Do I need a lawyer for a motion to reconsider?

You are not required to hire a lawyer, but motions to reconsider involve complex procedural rules and substantive immigration law. The consequences of an unsuccessful motion can be significant, including the loss of appeal rights. Mr. Sris and his Of Counsel team work with clients in Albemarle County to present the strongest possible motion based on the factual and legal errors in the record.

What happens after I file a motion to reconsider?

The agency or court reviews the motion and may issue a written decision. In some cases, the motion is denied without further hearing. If it is granted, the earlier decision is vacated and the case returns to the stage it was at before the denial—for example, the application may be reopened for further processing or the removal proceedings may resume. The timeline for a response varies; past results do not guarantee a similar outcome.

Can I appeal if my motion to reconsider is denied?

In many immigration contexts, a denial of a motion to reconsider can itself be appealed to a higher authority, such as the Board of Immigration Appeals or to a federal circuit court. However, strict deadlines and exhaustion requirements apply. An attorney can advise whether an appeal is viable and, if so, handle the appeal process from the firm’s location serving Albemarle County residents.

How much does it cost to hire an immigration attorney for a motion?

Legal fees for a motion to reconsider depend on the complexity of the case, the forum, and the amount of work required. There is no flat fee that applies to every situation. The firm can discuss its fee structure during a consultation. There are also government filing fees for some motions; the attorney can provide current fee information.

How can I contact a motion to reconsider lawyer in Albemarle County?

To request a consultation with Mr. Sris or his Of Counsel concerning an immigration motion, call Law Offices Of SRIS, P.C. at (888) 437-7747. The firm serves clients throughout Albemarle County, including the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. The Shenandoah location is at 505 N Main St, Suite 103, Woodstock, VA 22664; appointments are by appointment.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is a former prosecutor. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His multi‑state practice includes admission in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Together with his Of Counsel, Mr. Sris handles immigration matters for individuals in Albemarle County, including motions to reconsider before USCIS and the immigration courts. The team brings extensive combined legal experience. Results may vary.

Last reviewed: July 2026

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Official Virginia sources:
Albemarle County General District Court ·
Virginia’s Judicial System

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris. Results may vary.