Immigration cases often involve complex decisions that can have long-lasting consequences. When an application or petition is denied, people are sometimes left unsure about what options they have. Two tools commonly used to challenge unfavorable immigration decisions are the motion to reopen and the motion to reconsider. While both offer a chance to revisit a decision, they serve very different purposes and are based on different legal grounds. Knowing which one fits your situation is essential.
What It Means to File a Motion to Reopen
A motion to reopen asks the immigration court or the agency that made the decision to look at the case again due to new facts or evidence. This evidence must not have been available or known at the time of the original decision. These motions are generally filed with U.S. Citizenship and Immigration Services (USCIS), the immigration court, or the Board of Immigration Appeals (BIA), depending on where the decision was issued.
This type of motion must include affidavits, declarations, or supporting documents that show how the new evidence could affect the outcome of the case. You’re essentially asking the decision-maker to review your case again based on a changed situation or information that could not be included the first time around.
For example, if you were ordered removed but have since become eligible for relief due to changed country conditions, you might file a motion to reopen. Or perhaps you received a denial because you didn’t appear for a hearing, and you now have proof that you never received proper notice. These are classic examples where reopening may be appropriate.
There are strict time limits for filing a motion to reopen. Typically, it must be filed within 90 days of the final decision. However, exceptions can be made in certain humanitarian situations or where the government agrees to reopen the case jointly with the applicant.
Understanding the Purpose of a Motion to Reconsider
A motion to reconsider, on the other hand, does not rely on new evidence. Instead, it argues that the decision was incorrect based on the information already in the record. This kind of motion asks the agency or court to reexamine its decision based on a possible error in law or policy.
The idea behind a motion to reconsider is that the legal standard may have been applied incorrectly, or the facts may have been misunderstood. It’s not about presenting something new; it’s about challenging how the existing material was interpreted.
This motion must clearly identify the legal errors and include relevant citations to statutes, regulations, or precedent decisions that support your position. It must usually be filed within 30 days of the decision, though there are some exceptions depending on the agency.
One example might involve a denial that was based on the assumption that a certain document was missing, when in fact it had been submitted. Or a legal standard might have been applied that does not match current case law. In both examples, a motion to reconsider could be appropriate.
Can You File Both?
In many situations, individuals may choose to file both a motion to reopen and a motion to reconsider at the same time. This is called a combined motion. It allows the agency or court to consider both new facts and legal errors together.
For instance, someone might have newly discovered evidence supporting their case and also believe that the original decision was based on a misreading of the law. Filing both motions can give them a more complete chance to challenge the denial.
However, keep in mind that filing both motions doesn’t extend or reset the deadlines. You must still comply with the time limits that apply to each motion.
Which Option Is Right for You?
Choosing between these motions—or deciding to file both—depends heavily on the reason for the denial and what has changed since then. If you missed a deadline, discovered a new fact, or something significant changed after the decision, a motion to reopen may be the right choice. If you believe the officer or judge got the law wrong, a motion to reconsider may work better.
The strength of your case, the available documentation, and the deadlines involved all matter. A poorly prepared motion, especially one that lacks proper legal or factual support, can be dismissed quickly. Immigration agencies are not required to accept every motion, even if timely filed. They must meet specific legal standards.
Why Legal Guidance Matters
These motions are procedural tools with strict technical requirements. Filing them without understanding what’s expected can lead to unnecessary delays—or worse, missed opportunities to remain in the country or continue pursuing legal status.
An experienced immigration attorney can help you determine if the denial can be challenged, what evidence needs to be gathered, and whether it’s best to pursue a motion to reopen, reconsider, or both. Your attorney can also help ensure that the motion is filed with the correct office, includes all necessary legal arguments, and meets all deadlines.
How These Motions Affect Removal Proceedings
If you are in removal proceedings or have already received a removal order, filing one of these motions can have serious consequences. In some cases, a timely motion may stay the removal order, meaning the government will not act on it while your motion is being considered. In other cases, it may not. That’s why timing, strategy, and the strength of the legal arguments are key.
You should never assume that filing a motion automatically pauses any enforcement action. You must confirm whether a stay of removal is in place, and if not, consider requesting one when filing.
Saavedra & Perez Law Can Guide You on the Best Path Forward
Understanding the differences between motions to reopen and motions to reconsider is critical for anyone seeking to challenge an immigration denial. These motions can offer powerful relief, but only when used properly and with the right legal support.
At Saavedra & Perez Law in Fairfax, Virginia, we help clients make sense of these challenging procedures. Whether you’re facing a removal order or received a denial on a petition or application, our team can assess your options and guide you toward the best path forward. We believe that everyone deserves a fair chance to present their case, and we’re here to make sure your voice is heard.