In the event that you have received an unfavorable decision from United States Citizenship and Immigration Services (USCIS) on an immigration matter, you may be eligible to challenge the decision by filing a motion to reopen your case.
A motion to reopen is based upon factual grounds and must be supported by new evidence that was not available at the time of your hearing. Such evidence generally includes newly discovered facts or a change in your circumstances since your hearing. Submitting information that was available, but not presented, at the time of your hearing will generally be insufficient to support this type of motion. You must provide new facts that are supported by affidavits or other documentary evidence to reopen your case.
Your motion to reopen will be filed with the USCIS service center or field office that originally rendered the decision in your case. In most instances, the officer who denied your case will be the same officer to review your motion to reopen. If your application or petition was denied on the basis of abandonment, meaning that you failed to respond in a timely manner to a government request for evidence or a notice of intent to deny, you may still be able to file a motion to reopen. In this situation, according to USCIS, you need to demonstrate that:
While the motion to reopen is based on factual grounds, the motion to reconsider is based on new or additional legal grounds. Similar to the motion to reopen, under a motion to reconsider you are requesting the original officer who denied your case review the matter again. If you are filing a motion to reconsider with USCIS, you will need to demonstrate that the decision reached in your case was in error based on the evidence of record at the time. USCIS explains that your motion must include the specific reasons for reconsideration supported by legal precedents to “establish that the decision was based on an incorrect application of law or [USCIS] policy.”
If you have received an unfavorable immigration decision, Miranda & Weisman can help you identify and evaluate the options available to you. The legal team at our Baltimore immigration law firm will explain the various motions you may be eligible to file for and assist you with the filing process. In most situations, your motion to reopen or motion to reconsider will be filed using Form I-290B (Notice of Appeal or Motion). Generally these motions must be filed within 30 days from the date of your decision.
If you are filing a motion regarding an asylum decision, you are not required to use Form I-290B. Additionally, the asylum office director has the discretion to excuse a failure to file a motion within the 30 day time period if your delay was reasonable and beyond your control. In the event that you are seeking to challenge a decision involving an asylum matter, a Maryland asylum attorney at our firm can assist you throughout the process.
We are a full-service immigration law firm that understands how the motion process operates and we are dedicated to helping clients achieve a positive outcome. Call a Maryland asylum attorney at Miranda & Weisman to schedule a consultation: 410-321-4994.