Errors of Law
The decision may have incorrectly applied an immigration statute, regulation, or legal standard.
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A motion to reconsider is a legal request asking an immigration authority to review a previous decision because it may have involved an error of law or fact. If your immigration application was denied or an unfavorable decision was issued in your case, a motion to reconsider may provide a way to challenge that decision based on the existing record and applicable legal standards.
At E-Z Immigration, we help individuals and families understand their immigration options after an unfavorable decision. Our team can review the circumstances of your case, explain the available legal remedies, and help you understand whether a motion to reconsider may be appropriate.
Motion to Reconsider explained
A motion to reconsider immigration case decisions asks the authority that issued a prior ruling to review it for a legal or factual error. Unlike a motion to reopen, which generally relies on new facts or evidence, a motion to reconsider typically argues that the original decision was incorrect based on the evidence and information already in the record.
Depending on your case, the motion may be submitted to an immigration judge, the Board of Immigration Appeals (BIA), or another immigration authority with jurisdiction over the decision.
The appropriate filing authority depends on who issued the decision and which authority currently has jurisdiction over the case.
Potential grounds for reconsideration
A motion to reconsider may be an option when a previous immigration decision appears to contain a legal or factual error based on the existing case record.
Circumstances that may support reconsideration include:
The decision may have incorrectly applied an immigration statute, regulation, or legal standard.
The decision may have misinterpreted facts already documented in the case record.
The immigration authority may have relied on an incorrect interpretation of applicable law or precedent.
A relevant legal argument in the existing record may not have been properly addressed.
You may have grounds to challenge a denial or other adverse ruling if the applicable legal requirements are met.
The availability of this remedy depends on the type of decision, the authority involved, and the specific circumstances of your case.
Comparing post-decision remedies
Understanding the difference between these two legal remedies is important when challenging an immigration decision.
Filing the correct motion is essential because each procedure has different requirements, deadlines, and legal grounds. An immigration case review can help identify which option may be appropriate.
General deadline from the relevant decision in many immigration judge and BIA cases.
Filing timelines matter
For many decisions issued by an immigration judge or the Board of Immigration Appeals, a motion to reconsider generally must be filed within 30 days of the relevant decision. However, the applicable deadline and filing rules depend on the type of decision and the authority handling the case.
Different procedures may apply to decisions made by U.S. Citizenship and Immigration Services (USCIS) or other immigration authorities. Certain exceptions or special rules may also apply.
Because missing a filing deadline can affect your ability to challenge a decision, it is important to seek a case review as soon as possible.
Preparing the case record
The documents needed depend on the decision being challenged and the applicable filing requirements.
Common materials may include:
A motion should clearly identify the alleged error and explain why reconsideration is warranted under the applicable legal standards.
Legal support after a decision
Challenging an unfavorable immigration decision can be complex. E-Z Immigration can help you understand your options and the procedures that may apply to your circumstances.
Our assistance may include:
Each immigration matter is different, and filing a motion does not guarantee that the original decision will be changed.
If you believe an immigration authority made a legal or factual error in your case, you may have options to challenge the decision. Understanding the applicable requirements and acting promptly can help you make informed decisions about your next steps.
Contact E-Z Immigration to discuss your circumstances and learn whether a motion to reconsider may be appropriate.
Immigration laws and procedures can change. This page is provided for general informational purposes and does not constitute legal advice or create an attorney-client relationship.