Motions to Reopen
An individual may request the reopening or reconsideration of a prior decision by filing a timely motion with an Immigration Judge or the Bureau of Immigration Affairs (BIA). A motion to reopen may be filed to present new or additional evidence that is substantial but was not available at the original hearing.
What is a Motion for Reconsideration?
A motion for reconsideration may be filed with the court to request a re-evaluation of the decision based on alleged errors of law and fact. Unless an exception applies, a party may only file one motion to reopen and one motion for reconsideration. With some exceptions, the motion to reopen must be filed within 90 days of the final order of removal, while the motion for reconsideration must be filed within 30 days of the date of the final order.
Joint Motion to Reopen - Immigration Court
An exception to the time and number limitations for filing a motion to reopen is the joint motion to reopen. A joint motion to reopen is a motion in which the government and the respondent, through an attorney, agree to ask the court to reopen the deportation proceedings. This usually occurs when new evidence exists, such as a marriage-approved family petition, that was not available before the deportation order was issued.
Motion to Reopen - Deportation Orders in Absentia
A deportation order in absentia is issued when you are not present in court. A motion to reopen deportation proceedings based on a deportation order in absentia may succeed if it is shown that you did not receive notice of the hearing. Filing a motion to reopen to rescind a deportation order in absentia for lack of notice constitutes an automatic stay of your deportation.
Our naturalization attorneys have extensive experience successfully guiding individuals through the appropriate legal channels to obtain citizenship. We have in-depth knowledge of the Immigration and Nationality Act (INA). Our approach involves not only guiding our clients through their applications but also preparing them for citizenship interviews and potential follow-up inquiries from immigration officials, ensuring a smooth transition to U.S. citizenship. Our team stays current with policy changes, ensuring that all applicants receive the most up-to-date advice and guidance.
Naturalization Application: Application for Certificate of Citizenship and Derivative Citizenship
USCIS Form N-400 and Form N-600
Our firm can assist you with naturalization and citizenship matters, including derivative citizenship, adjustments of marital status, deportation proceedings, residency or family status, and other immigration law matters, including questions regarding past and present criminal charges.
copyright © 2026 - Law Offices of Maria Fatima Seife