Motion to Reopen and Motion to Reconsider in the USCIS proceedings
For individuals who have received unfavorable decisions from the United States Citizenship and Immigration Services (USCIS), the idea of finding legal solutions can be challenging. However, there are two ways for those who believe they have received an unfair or incorrect decision to challenge the erroneous decisions: Motion to Reopen and Motions to Reconsider.
A Motion to Reopen is a request to USCIS to review the case again based on the new evidence or facts unavailable when the initial application was filed. That is, the basis for filing the Motion to Reopen is the introduction of new evidence or facts that were not presented during the initial USCIS proceedings. The evidence or facts should merit a change the outcome of the case, and in most cases, it must be filed within 30 days of the unfavorable decision. After the Motion to Reopen is filed, USCIS will review the motion, along with the new evidence or facts provided. If USCIS finds the new evidence or facts to be compelling, they will reopen the case and reevaluate it based on the newly presented information.
A Motion to Reconsider, on the other hand, is a request to USCIS to review the initial decision based on the evidence and arguments initially submitted during the proceedings. Unlike the Motion to Reopen, the Motion to Reconsider focuses on the errors or mistakes made by USCIS in the initial decision. This motion should also be filed within 30 days of the unfavorable decision, but exceptions may apply at the discretion of USCIS. After the Motion to Reconsider is , USCIS will review the motion with the legal arguments presented. If USCIS acknowledges an error in its initial decision, it may reverse the original erroneous decision or grant the immigration benefit on your case.
Understanding the requirements for the Motion to Reopen and the Motion to Reconsider is essential for individuals who have received unfavorable decisions from USCIS. When you have the new evidence of facts, or when errors are identified in the initial decision, a decision will have to be made quickly as to whether or not to file these motions. It is always important to seek legal guidance to determine the eligibility and the most appropriate way to receive a successful outcome. The attorneys at Tanner Law Offices can assist you with your case process or need more information. Please contact our office at (717) 731-8114 to schedule a consultation to discuss your case.