Immigration Motions
Facing a denied immigration case or removal order?
Our experienced attorneys can help you file the right immigration motion to reopen, reconsider, or stop deportation.
What is a Motion
Immigration motions are legal requests filed with immigration courts or agencies to revisit or reconsider decisions made in a case. They are used to correct errors, present new evidence, or reopen a previously closed case.
Each motion type serves a specific legal purpose and can be critical in maintaining immigration status or preventing removal. Our experienced immigration lawyers can help you determine which motion is right for your case and guide you through the process.
How many type of immigration Motions are there?
There are many different types of immigration motions, but the main types are:
Motion to Reopen
Filed when new evidence or facts that were not available during the original decision arise. It asks the court or USCIS to reopen the case for further consideration. Commonly used if circumstances have changed or new documents have been discovered.
Motion to Reconsider
This motion asks the court or USCIS to review the original decision based on an error in law or fact. It does not present new evidence but argues that the decision was incorrect due to a misapplication of the law or factual mistakes.
Motion to Stay Removal
Filed to temporarily halt deportation while an appeal or another motion is pending. It is often used to prevent removal from the U.S. while legal proceedings continue.
Motion to Terminate
A request to end removal proceedings because the government has no legal grounds to deport the individual. This is often used when the individual is not removable or deportable under the law.
Frequently Asked Questions
You should file a Motion to Reopen if new, previously unavailable evidence has surfaced that could affect the outcome of your case. For example, changes in personal circumstances or new legal developments can be grounds for reopening a case.
A Motion to Reconsider must be filed within a specific timeframe (usually 30 days after the decision) and must demonstrate that the original decision was based on an error in law or fact. It’s essential to include a detailed legal argument to support your claim.
Yes, a Motion to Stay Removal can be filed to request that the court or immigration authorities temporarily stop your deportation while you pursue an appeal or another form of relief. This can provide critical time to resolve your case.
The time limit depends on the type of motion. Typically, a Motion to Reopen or Reconsider must be filed within 30 days of the decision, but there are exceptions, especially for cases involving new evidence. It’s crucial to act quickly and consult an attorney to meet the deadlines.
Yes, new evidence is required when filing a Motion to Reopen. This evidence must be relevant and was not previously available during the original case. It should be compelling enough to justify reopening the case.
Once you file an immigration motion, the court or USCIS will review your request. The review process can take several months, depending on the complexity of the case and the court’s backlog. If the motion is granted, your case may be reconsidered or reopened for further proceedings.
While you can file a motion yourself, having an experienced immigration attorney is highly recommended. Immigration motions involve complex legal arguments, and a lawyer can help ensure your motion is properly filed, backed by strong legal reasoning, and submitted within the required timeframe.
Need help with an immigration motion?
Contact us today to schedule a consultation and learn how we can assist you with your case.
