Motion to Reopen or Reconsider MTR Immigration Lawyers | USCIS/AAO Appeals

In the event that USCIS denies an immigration benefit, the applicant has 30 days to file a motion to reopen or reconsider to the District Director that made a decision denying an application or petition. A motion to reconsider the decision may be filed within thirty (30) days of the decision that the motion seeks to reconsider. There are exceptions to the 30 day rule, if justified. Along with the I-290B form, a brief should be submitted with the motion. Note that a pending motion to reopen, reconsider, or an appeal to the AAO does not grant the applicant lawful status in and of itself.

Motions to Reopen:

A motion to reopen may be filed with the District Director to reopen petitions and applications based on new facts or evidence, or change in the law or policy that makes the relief available (or, in an asylum or withholding application, based on changed circumstances in the country of nationality). A statement of the facts and affidavits and other documentary evidence should be submitted. Bases for a motion to reopen may include: (1) the evidence requested in the Request For Evidence was not material to the issue of eligibility; (2) the required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; (3) the request for additional information or appearance was sent to an address other than that on the application or petition or notice of representation, or was not sent to a new address stated in a change of address sent to the Service.

Motions to Reconsider:

A motion to reconsider is based on legal grounds alone. In such cases, well reasoned arguments supported by any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or service policy. The brief should establish that the decision was incorrect based on the evidence of record at the time of the initial decision.

Appeals to the Administrative Appeals Office:

An applicant can request that a motion to reconsider also be taken up to the Administrative Appeals (AAO) office for review. The AAO reviews decisions rendered by the USCIS on a variety of petitions and applications.

Contact Us

To discuss motions to reopen or reconsider, and AAO appeals with an experienced immigration lawyer from the Shah Peerally Law Group, feel free to contact us by email or call us at 510-742-5887.