Motions to Reopen / Reconsider

A removal order or a case denial is not always the end. If something was missed or something has changed, a motion to reopen or reconsider may be your path to a second chance.

What a Motion to Reopen or Reconsider Does for Your Immigration Case

A motion to reopen asks the immigration court or USCIS to look at your case again because of new facts or evidence that was not available before. A motion to reconsider asks the court or agency to review the same facts again because the original decision was based on a legal error. Both are formal legal filings that can potentially undo a removal order, overturn a denial, or give you another chance to present your case properly.

These motions are not automatic do-overs. You must give the court a real reason to reopen or reconsider. Simply disagreeing with the outcome is not enough. Working with a motion to reopen immigration attorney in Arlington, VA gives you the best chance of showing the court exactly why the original decision should not stand and what the outcome should be instead. Justin has filed successful motions in cases that looked finished, and he knows what it takes to build a filing that courts actually take seriously.

When You Can File a Motion to Reopen or Reconsider

These motions apply in a range of situations. You may have grounds to file if your case matches any of these:

You were ordered removed in your absence because you did not receive proper notice of your hearing
New evidence has come to light since your case was decided that would change the outcome
The law changed after your decision was issued and the new rule applies to your case
Your previous attorney made serious errors that damaged your case and your rights
You have new family ties, a new marriage, or a newly filed petition that could qualify you for relief
USCIS denied your application based on a legal error or misread the facts of your case
Your circumstances have changed significantly since the original decision, such as a new country condition in your home nation

Important Note: Motions to reopen and reconsider have strict time limits. Most must be filed within 90 days of the final order for immigration court cases. Motions to reconsider with USCIS must generally be filed within 30 days of a denial. There are exceptions, but they are narrow. Do not wait to find out if your deadline has passed. Contact Justin today.

How Justin Prepares and Files Your Motion

A successful motion requires careful legal work and the right supporting materials. Here is the process Justin follows:

1

Review the original decision

Justin reads the judge's order or the USCIS denial notice in full to understand exactly what was decided, why, and what legal reasoning was used.

2

Identify grounds for the motion

Justin determines whether new evidence, a legal error, ineffective assistance of prior counsel, or a change in law or circumstances gives you a valid legal basis to file.

3

Research the legal arguments

For motions to reconsider, Justin researches relevant case law, BIA precedent decisions, and USCIS policy to build a strong legal argument that the original ruling was wrong.

4

Gather new evidence if needed

For motions to reopen, Justin works with you to collect the new documents, declarations, country condition reports, or other materials that support a different outcome.

5

Draft and file the motion

Justin prepares a complete written motion with all required attachments and files it with the immigration court or USCIS before the applicable deadline.

6

Follow up and respond to any government opposition

The government may file an opposition to your motion. Justin responds to any challenges and monitors the case until a ruling is issued.

Motions Based on Ineffective Assistance of Prior Counsel

What Ineffective Assistance Means

Ineffective assistance of prior counsel means your previous immigration attorney made serious mistakes that were so bad they violated your right to a fair case. Examples include filing late, failing to appear at a hearing, submitting wrong forms, or not presenting available evidence.

What You Need to Prove

To win a motion based on prior attorney errors, you must follow a specific procedure. This includes filing a complaint against the prior attorney with the state bar, giving the prior attorney a chance to respond to the allegations, and including all of this documentation in your motion.

Why These Motions Can Be Powerful

Immigration courts recognize that bad legal representation is a real problem. When you can clearly show that the mistakes your prior attorney made changed the outcome of your case, courts have the authority to reopen proceedings and give you a fair hearing.

How Justin Handles These Cases

Justin has reviewed many cases damaged by prior attorney errors. He guides you through the full process, from filing the bar complaint to building the complete motion package, carefully and step by step.

Reopening Cases After an In-Absentia Removal Order

One of the most common reasons people need a motion to reopen is that they were ordered removed in their absence, meaning they were not in court when the judge issued the order. This happens when someone did not get proper notice of their hearing, had a serious emergency, or was never told by their prior attorney about a scheduled date.

An in-absentia removal order is serious. It triggers a multi-year bar to returning to the United States and can make your situation very difficult going forward. However, if you can show that you did not receive proper notice of the hearing or that exceptional circumstances prevented you from attending, the immigration court has the authority to reopen your case. Justin has handled many in-absentia reopening cases. He knows what evidence courts accept as proof of lack of notice and how to make the strongest possible argument for getting your case back before a judge.

Motion to Reopen After In-Absentia Removal Order
Motion to Reconsider Based on Legal Error
Ineffective Assistance of Prior Counsel Motions
USCIS Motion to Reopen or Reconsider
Motions Based on Changed Country Conditions

Your Attorney

Working Directly With Justin

Justin Kadich personally handles every motion to reopen and reconsider at American Dream Immigration. These filings require precise legal writing, thorough knowledge of immigration court rules, and the ability to spot the exact argument that gives the court a reason to act. Justin does not outsource this work. He reads the original decision, researches the legal standards, drafts the motion himself, and files it correctly. He has helped people get cases reopened that other attorneys told them were over. If you believe your case was decided incorrectly or if new circumstances have changed your situation, Justin will give you an honest assessment of whether a motion is worth pursuing.

Frequently Asked Questions

How long do I have to file a motion to reopen with the immigration court?

The standard deadline is 90 days from the date of the final removal order. However, there are exceptions for cases involving in-absentia orders based on lack of notice, changed country conditions, and asylum-related claims. Some exceptions have no time limit at all. Call Justin right away so he can determine which deadline applies to your case.

What is the difference between a motion to reopen and an appeal?

An appeal goes to a higher court, like the Board of Immigration Appeals, and argues that the lower court made an error. A motion to reopen goes back to the same court that issued the decision and asks it to look at new evidence or changed circumstances. Sometimes you need both. Justin advises you on which approach fits your situation.

Can I file a motion to reopen if I already filed an appeal?

In some situations, yes. A motion to reopen and an appeal can be filed at the same time or in sequence depending on the facts of your case. Justin reviews your full procedural history before recommending a strategy.

What happens if my motion is denied?

If the immigration court denies your motion, you may be able to appeal that denial to the Board of Immigration Appeals. If the BIA denies it, there may be options to pursue review in federal court. Justin explains every level of the process so you understand what is available to you at each stage.

Can I file a motion to reopen if I have already left the United States?

Yes. Motions to reopen can be filed from outside the United States in some circumstances. This is called a motion to reopen in absentia. Justin can advise you on how to proceed if you are currently outside the U.S. and want to challenge a removal order.

Your Case May Not Be Over Even if It Feels That Way

A removal order or a denial feels final, but it is not always the last word. The law gives you tools to challenge decisions that were wrong or that no longer reflect your situation. Justin Kadich helps people in Arlington and across Virginia file motions to reopen and reconsider that give their cases a real second chance. Call today to find out whether your case qualifies and what Justin can do to help you move forward.