File a Motion to Reopen an Immigration Case With a Seasoned Los Angeles or Fullerton Attorney
If you or your loved one has received an unfavorable decision in an immigration case, it does not mean all hope is lost. You can file a petition with the immigration court to reopen your case. This includes visa or green card denials, cases that resulted in a deportation order or cases closed due to a missed hearing or other procedural issues.
Since 2006, our lawyers at the Law Offices of Gita B. Kapur and Associates have been guiding individuals in California through the complicated U.S. immigration system. Whether it’s securing permanent residency or preventing removal, we will protect your rights throughout the process.
What Are the Grounds for a Motion to Reopen an Immigration Case?
A person can seek to reopen an immigration case by demonstrating new evidence that was not available before and could significantly change the decision. They can also file if the law has changed since the judge’s original decision in their case and that change would make them eligible for relief.
Specifically, a motion to reopen may be an option for individuals who:
- Did not receive a hearing notice, and subsequently missed their court appearance
- Missed their immigration hearing based on exceptional circumstances such as a death or serious illness in the family
- Have a son or daughter who just turned 21 years old and is now eligible for adjustment of status via his or her daughter
- Came to the U.S. on a visitor or temporary visa, but are now married to a U.S. citizen and can apply for adjustment of status
- Had a deportation order placed against them in the past, but are now eligible to apply for permanent residency
- Are in circumstances that have otherwise changed since the time of the last immigration hearing, and are now eligible for a green card or adjustment of status or are eligible for some form of immigration relief which was previously not available
- Received ineffective assistance of counsel during their original proceedings, which prejudiced their case
- Are seeking asylum, withholding of removal or protection under the Convention Against Torture, where country conditions have materially changed since their last hearing, making return to their home country more dangerous
Filing for a motion to reopen a case can be challenging, subject to strict deadlines and eligibility requirements. Working with an immigration attorney may be crucial, especially if you have stayed in the country without authorization or have had a deportation order in the past.
How Long Does It Take for a Motion to Reopen a Case?
There is no fixed answer as to how long this process might take in the U.S. Citizenship and Immigration Services (USCIS). The processing time can vary greatly per case, depending on factors such as:
- Which USCIS office is handling the motion: Different service centers or field offices may have different backlogs and processing times
- The complexity of your case: Cases with extensive evidence or legal arguments may take longer to review
- Whether you also filed a request for a “stay of removal”: If you are facing a removal order, you might need to file a separate request to stop your deportation while the USCIS considers your motion to reopen. This adds another layer to the process.
Our attorneys can advise you on the strength of your case and whether a motion to reopen is the appropriate course of action. We can also help you prepare and file the motion, ensuring that your motion meets all procedural requirements.
What Happens If Your Motion to Reopen Is Denied?
Receiving another denial can feel incredibly discouraging. However, it doesn’t always mean you are completely out of options. You might still be able to:
- Appeal your case: In some cases, you can request the Administrative Appeals Office (AAO) to review the denial. Take note that there are strict deadlines (usually 30 days from the denial) and procedures, including filing Form I-290B and paying the required fee (or requesting a fee waiver).
- File a “motion to reconsider” with the same USCIS office: This motion argues that there was a mistake or misinterpretation in the application of the law or policy in your case, based only on the evidence already in the record. However, you generally cannot introduce new facts or evidence with a motion to reconsider.
- Start a new application, if possible: This is only if your motion was denied for a reason that you can remedy, such as a missing document, and you are still eligible to file. Keep in mind that this is different from re-filing the motion to reopen itself, which is generally limited to one attempt. It also involves new fees and starting a new process.
Immigration law is incredibly complicated, and getting a denial can be confusing and stressful. If your motion to reopen is denied, schedule a consultation with our legal team at the Law Offices of Gita B. Kapur and Associates. We can help you understand all your options, weigh the risks and benefits of each step and guide you through any further legal actions.
Discuss Your Case With Our Lawyers Today
At Law Offices of Gita B. Kapur and Associates, we’re dedicated to helping members of our community understand their options and fight for a second chance. Our services are competitively priced, and we offer flexible payment plans to qualified clients across Los Angeles County and surrounding communities in Riverside County, San Bernardino County and Orange County.
Our team also speaks a variety of languages, including Spanish, Zapotec, Korean, Hindi, Punjabi, Gujarati, and Urdu. Schedule a consultation with us today by calling 213-784-6598 or sending us a message through our website.