Difference Between Motion to Reopen vs. Motion to Reconsider

The denial of your immigration petition is not always the end of your application for residency in the United States. You may have an opportunity to file either a “motion to reconsider” your petition, in which case you will argue that the hearing officer did not correctly consider the facts or law in your case, or a “motion to reopen” the petition, where you present new facts and information that were not presented or available at the time you originally filed your petition.

You might also have an opportunity to file both motions to appeal the denial of your petition.

The process for filing these motions can be confusing for immigrants that are not familiar with the rules and bureaucracy of the Immigration and Customs Enforcement (ICE) agency. The Florida immigration attorneys at Bassey Immigration Law Center help immigration applicants to select and complete the correct appeal forms and to present their evidence in the strongest possible light to support a challenge to the denial of their residency petitions.

Under what circumstances do you file a motion to reconsider?

You would file a motion to reconsider when the agency that denied your residency petition did not correctly apply the law or policy that affects your case. This motion is based entirely on the evidence that you submitted with your original petition, and no new evidence will be considered. In your motion, your immigration appeals lawyers will include citations to specific laws, regulations, and legal opinions to argue how the original decision on your case was incorrect.

You generally have 30 days to file your motion to reconsider after the date on which your original petition was denied. Contact an immigration lawyer quickly after that denial to allow ample time to prepare the motion.

Under what circumstances do you file a motion to reopen?

You would file a motion to reopen your case when new facts and information might cause a reversal of the original decision. For example:

• The immigration court or agency that reviewed your original petition failed to notify your lawyer about a hearing.
• The situation in your home country has changed such that you would be in danger if you went back.
• New facts might affect your case, such as a criminal court vacating a criminal conviction that caused the denial of your original petition.
• You have become eligible for residency under a new standard, such as changes to the immigration status of members of your family.
• The attorney that handled your original petition did not provide effective assistance.

Barring exceptional circumstances, you generally have 90 days from the date of a deportation order to file a motion to reopen your case. 

Contact the Attorneys at Bassey Immigration Law Center

The Clearwater, FL immigration attorneys at Bassey Immigration Law Center have more than two decades of experience in representing immigrants to avoid deportation.

Please contact us online or call Bassey Immigration Law Center for answers to your questions about a motion to reconsider or reopen an immigration petition that has been denied, and for confidential and discrete assistance with all immigration matters. Your chances of success in appealing your case will immediately increase when you contact our law firm.