Motion to Reconsider Lawyer Charlottesville, VA
If an immigration judge or the Board of Immigration Appeals has issued a decision denying an application for relief from removal, a motion to reconsider may be available as a procedural remedy. In Charlottesville, Virginia, residents pursuing immigration benefits rely on the federal immigration courts and the USCIS Washington Field Office to process their matters. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team assist clients in the Charlottesville area with motions to reconsider that seek a fresh review of a prior adverse ruling based on errors of law or fact. Established in 1997, the firm concentrates its practice on immigration matters, including deportation defense, family-based petitions, adjustment of status, and removal proceedings before the Arlington Immigration Court. A motion to reconsider requires precise legal argument and strict adherence to procedural deadlines. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to these filings. Results may vary. Please request a consultation by calling (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What a Motion to Reconsider Means for Immigrants in Charlottesville
Charlottesville, located in the foothills of the Blue Ridge Mountains, is home to members of the University of Virginia community, healthcare professionals, and families from diverse countries. When an immigration petition is denied or an order of removal is issued, affected individuals often turn to the immigration court system for review. For Charlottesville residents, the relevant immigration courts are the Annandale Immigration Court (EOIR) at 7619 Little River Turnpike, Suite 400, Annandale, VA 22003, and the Sterling Immigration Court at 21400 Ridgetop Circle, Suite 200, Sterling, VA 20166. The USCIS Washington Field Office at 2675 Prosperity Avenue, Fairfax, VA 22031 handles many affirmative applications for lawful permanent residence, naturalization, and work authorization.
A motion to reconsider is a formal request directed to the immigration judge or the Board of Immigration Appeals that asks the tribunal to re-examine its previous decision. Unlike an appeal, which moves the case to a higher authority, a motion to reconsider urges the same body to correct a mistake in its analysis or application of the law. The motion must identify the specific factual or legal error and be supported by the appropriate legal authority. For a Charlottesville family facing removal after a denied cancellation of removal, for example, a reconsideration motion may argue that the immigration judge misapplied the hardship standard. Mr. Sris and his Of Counsel carefully evaluate the record from the original proceeding to build the strong $1. These motions are filed within a limited time after the initial order; missing the deadline can bar further review. Because the process is complex and deadlines are rigid, retaining an experienced immigration attorney is an important step.
How Mr. Sris and His Of Counsel Handle Motion to Reconsider Cases
Mr. Sris and his Of Counsel approach each motion to reconsider with a thorough analysis of the prior record. They identify the grounds for reconsideration, such as a misinterpretation of the Immigration and Nationality Act, an incorrect application of a regulation, or a failure to consider material evidence. The attorney then drafts a detailed legal brief, citing relevant statutory provisions—for instance, 8 U.S.C. § 1229a governing removal proceedings—and supporting case law. The motion is accompanied by any new evidence that may be allowed under the rules of the immigration court or the Board of Immigration Appeals.
For Charlottesville clients, Mr. Sris and his team handle all aspects of the process, from preparing the motion to appearing at the Annandale or Sterling immigration court if oral argument is scheduled. They also coordinate with expert witnesses or document translators if needed to support the motion. The timeline for a decision on a reconsideration motion varies depending on the court’s calendar and the complexity of the legal issues raised. Throughout the process, the firm communicates with clients about the status of their case. Past results do not guarantee a similar outcome. Mr. Sris and his Of Counsel work to present a persuasive motion for reconsideration. For guidance, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced immigration law since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he has represented individuals and families in proceedings before the immigration courts and the Board of Immigration Appeals. Mr. Sris 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).
Mr. Sris is supported by Of Counsel attorneys who bring over 120 years of combined legal experience and 4,739+ documented firm-wide results across the firm’s multi-state practice. Results may vary. Every attorney on the team approaches immigration matters with an understanding of the federal statutory framework and the procedural rules of the Executive Office for Immigration Review. The firm’s designated location serving Charlottesville is the Shenandoah Location at 505 N Main St, Suite 103, Woodstock, VA 22664. Meetings are by appointment only. Call (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What is a motion to reconsider in immigration cases?
A motion to reconsider is a formal request asking the immigration judge or the Board of Immigration Appeals to review its earlier decision because it made an error of law or fact. The motion must specify the mistake and provide legal authority supporting a different outcome. It is not an opportunity to submit entirely new evidence unless permitted by the court’s rules. Because the procedure is technical, working with an attorney is advisable.
When can I file a motion to reconsider after a denial?
A motion to reconsider must be filed within the deadline set by the immigration court or the Board of Immigration Appeals. The timing is strictly enforced; late filings are disfavored absent extraordinary circumstances. Once the order becomes final through the passage of time, reconsideration becomes unavailable. Contact an attorney promptly after receiving a denial to protect your right to seek reconsideration.
Can a motion to reconsider be filed if my green card application was denied by USCIS?
Yes, if USCIS denies an adjustment-of-status application, a motion to reconsider may be filed with the USCIS Washington Field Office. The motion must demonstrate that the decision was based on an incorrect application of law or an erroneous assessment of the facts. New evidence may be submitted only if it responds to the reason for denial. Mr. Sris and his Of Counsel review the denial notice to determine whether reconsideration is a viable option.
Do I need a lawyer to file a motion to reconsider in Charlottesville?
You are not legally required to hire a lawyer, but a motion to reconsider is a complex legal document that demands a thorough understanding of immigration statutes and case law. Even a small drafting error can jeopardize your chance to reverse a negative decision. Mr. Sris and his Of Counsel team have experience in drafting these motions and advocating before the Arlington and Sterling immigration courts. A consultation allows you to discuss your case and learn whether reconsideration is appropriate.
What happens after the motion to reconsider is filed?
After the motion is docketed, the immigration judge or the Board issues a decision, which may be a grant of the motion, a denial, or an order for additional briefing or oral argument. The government may file an opposition. The timeline for a ruling varies. If granted, the case may be reopened for a new hearing. If denied, the prior order stands, though an appeal may be available in limited circumstances. Mr. Sris and his Of Counsel inform clients about each step and advise on next actions.
Does a motion to reconsider stop deportation while the request is pending?
Filing a motion to reconsider generally does not automatically stop an order of removal. A person with a final removal order remains subject to deportation unless the immigration judge or the Board of Immigration Appeals separately grants a stay of removal. A motion for a stay can be filed concurrently with the reconsideration motion. Mr. Sris and his Of Counsel can evaluate whether a stay is appropriate in your situation.
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Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.