Motions To Reopen USCIS Immigration Cases

Jun 25

Written By Law Offices of Dizengoff & Yost Immigration Lawyers Philadelphia

Understanding motions to reopen USCIS cases is crucial for individuals who want to challenge a decision by the USCIS in their immigration case.

A motion to reopen allows individuals to advance additional documentation or testimony that could be gained earlier during the initial decision-making process.
Theity Act grants the USCIS the authority to reopen cases based on additional facts or after discovering fraud.
Filing a motion to reopen requires the payment of a filing fee
It must be submitted along with the motion.
The Administrative Appeals Office (AAO) is the body responsible for reviewing Motions To Reopen USCIS Immigration Case and deciding on whether to grant the motion.

What Happens When USCIS Reopens Your Case?

When USCIS reopens your case, they review it based on fresh evidence or circumstances. This can lead to a reconsideration of their previous decision, potentially resulting in a different outcome for your immigration status or application.

When Can You File A Motion With USCIS To Reopen Your Case?

You can file a motion with the USCIS to reopen your case if you believe that new documentation or testimony was not previously examined. This scenario can include situations where new information becomes known or the factual background differs from the original adjudication.

To file a motion to reopen, you must submit a notice of appeal or motion (Form I-290B) to the USCIS department that decided your application. This could be a local, regional, or Administrative Appeals Office (AAO). It is important to note that a filing fee is associated with filing a motion to reopen. This fee must be paid at the time of submission unless a fee waiver request is submitted.

Suppose your case is currently in Removal Proceedings. In that case, you may have to submit your motion to reopen with the Immigration Court, which will decide your case, or with the Board of Immigration Appeals (BIA) instead. The BIA has jurisdiction over appeals of Immigration Court adjudications.

It may be advantageous to talk with an immigration Lawyer to consider the best course of action for your specific case. They can help you understand the requirements and procedures for filing a motion to reopen and guide you through the process.

Motion To Reopen Based On Approved I-130

A motion to reopen can also be filed based on an approved I-130 immigrant petition. This is relevant for individuals who are considered special immigrants and are the beneficiaries of a petition filed on their behalf.

Sometimes, the underlying petition may be subject to a revocation notice, so the USCIS has revoked the approval process. In such situations, you can file a motion to reopen to challenge the revocation and present evidence or arguments supporting the underlying petition.

Gathering all the required documents and additional submissions to enhance your motion to reopen is essential. This can include affidavits, documentary evidence, or any other relevant information that can show the validity of the underlying petition and your eligibility for special immigrant status.

Motion To Reopen And Terminate Removal Proceedings

A motion to reopen can also be filed to end removal proceedings. Suppose the Immigration Court directs that you be deported or removed. In that case, you might be able to reopen to challenge the order and present new additional evidence or legal arguments.

A motion to reopen must normally be filed within 90 days after a removal order is issued. However, there are exceptions to this rule, and it may be advantageous to talk to an immigration lawyer to consider the specific deadlines and requirements for your case.

Also, it is important to note that a motion to reopen in certain situations may not be appropriate or may not provide the desired outcome. For example, suppose you have previously applied for relief or protection, which was denied. In that situation, it may be necessary to consider additional possibilities for challenging the removal or deportation order.

Frequently Asked Questions

What Is The Time Frame To File A Motion To Reopen?

The time frame for filing a motion to reopen varies depending on the case’s specific circumstances. A motion to reopen needs to be submitted within a certain number of calendar days from the date the removal order is issued.

Here is a table summarizing the time frames to file a motion to reopen:

Type of Case	Time Frame to File a Motion to Reopen
Removal or Deportation Order	Within 90 days of the final order
Other Immigration Decisions	Within 30 days of the final decision

Please note that these time frames are subject to exceptions and can depend upon the case's facts. Speak with an Immigration Lawyer or accredited representative to determine the exact deadlines for filing a motion to reopen and gather the necessary evidentiary material for your case.

Can A Motion To Reopen Stop Deportation?

Filing a motion to reopen might stop deportation proceedings, but it is not guaranteed. The motion must be filed on time, and a qualifying reason needs to support the Motion to Reopen.

If a person has been ordered removed in absentia, it means they did not appear for their immigration hearing. Here, filing a motion to reopen may be the only way to challenge the Deportation order. This option provides an opportunity to contest the decision made in their absence. However, the motion must include compelling reasons for the absence and provide documentation to support the applicant's claim.

It may be advantageous to talk to an immigration lawyer or accredited representative to determine if filing a motion to reopen is appropriate for your situation. The Law Offices of Dizengoff and Yost can provide guidance on effective strategies for preventing deportation and protecting your rights. If you need legal assistance, contact the law firm at 267-223-5852 for a free consultation, available 24/7.