Immigration Appeals | Immigration Appeals Lawyer | Eaton, NJ

Motion to Reopen and Reconsider in New Jersey

Immigration Denial Attorney in Eatontown, New Jersey

Did you receive a denial notice with your immigration application? Have you got a notice of removal or deportation from an immigration judge in the United States? You might be feeling too overwhelmed right now. Or too scared! Are you wondering what’s going to happen to you? Will you really be deported? 

Surely your mind is clouded, thinking what went wrong. You were there during the court hearing, and you think everything went well. But perhaps something happened in between that you did not know. Maybe you missed a notice from the immigration court or could not submit a requested follow-up document. 

But do not be afraid. You can consider different options, but denial does not mean you will be deported immediately. A competent New Jersey immigration denial lawyer can help you evaluate your case and pursue the right course of action. What are you waiting for? Speak to us now for a free consultation

Why do I need an Immigration Denial Lawyer in New Jersey?

uscis motion to reconsiderIt can be quite unsettling and daunting to consider the possibility of being forcibly removed from your home, far from your friends, and returning to an unfamiliar place. It may feel like the end, but there’s still a light at the end of the tunnel. 

Andres Mejer Law, a well-seasoned immigration denial law office in New Jersey, can present suitable options for your case. Our lawyers can help ensure that you can get a second chance. We will do our best to secure a favorable decision on your immigration case. Our law firm will help you:

  • Thoroughly analyze your case while reviewing other cases;
  • Evaluate the immigration court decision and assess if there is new evidence we can present or if there were errors in the initial decision;
  • Determine the best path to take whether filing for a motion to reopen or a USCIS motion to reconsider is tailored to your needs;
  • Guide and help you prepare all the paperwork and documentation needed;
  • Ensure that all procedures are followed carefully and no rules are overlooked;
  • File the motion on your behalf;
  • Represent you in all legal proceedings and work to ensure a positive decision

Having a skilled and knowledgeable immigration denial attorney on your side will be crucial during the process. Our lines are open; let our highly specialized lawyer help you with any of your immigration problems! Speak to us now! 

What are Motions to Reopen and Reconsider?

What are your options if the United States Citizenship and Immigration Services (USCIS) denies your petition or application? You may submit a USCIS motion to reopen a previously denied petition or a USCIS motion to reconsider a previously denied petition.

What is USCIS Motion to Reopen?

A motion to reopen is a special petition submitted to the immigration court to reopen an old immigration case. It gives immigrants who have already had their case dismissed in immigration court the opportunity to present fresh or revised evidence to the immigration judge who heard their case. 

This motion must be based on new or amended facts to be valid. In most cases, these are facts that the person in question was either unaware of at the time of the initial hearing or information that did not exist. A person must offer relevant evidence and supporting papers to initiate a fresh case before the immigration court. The immigration court will decide whether or not to grant another hearing to the party who asserts that they can show the new facts by submitting affidavits or other forms of evidence material.

A motion to reopen can be submitted by those who have been issued a deportation order but want to remain legally in the United States. This motion cannot be submitted until the order to deport the individual has been made final. Motion to reopen can only be made within a specific window of time, and you are only allowed to submit one motion to reopen the case at any given moment.

Time is of the essence for motions to reopen. If your petition gets denied, call our New Jersey immigration law office to discuss your options!

When to File for Motion to Reopen?

Immigration cases may be reopened for the following reasons: 

  • Ineffective assistance of counsel
  • Newly vacated crime convictions
  • Change in circumstances made you eligible for immigration relief 
  • Newly-issued case law affects your removability
  • Procedural violations that affected the outcome of your previous case

The immigrant has no right to have his case reopened for any of these reasons unless there are new or modified facts that were not and could not have been presented at the initial hearing. As a general rule, the argument part of your motion to reopen should begin with the most compelling reason for opening and seeking reopening, followed by alternatives.

If you have multiple grounds for seeking reopening, your experienced immigration denial lawyer will not choose one as the basis for reopening. Your legal representative will preferably incorporate all grounds in a single motion.

Are There Restrictions When Filing for Motion to Reopen?

An immigrant may not be able to file a motion to reopen his immigration case if any of the following criteria are met:

  • Rejected appeals: the filing date of a rejected appeal is not retained; hence, no decision can be reviewed that is based on the merits.
  • Abandoned appeals: the petitioner may only file a motion to reopen if they can establish that the abandonment of their petition was made in error because: 

When is the Deadline for Filing a Motion To Reopen?

An immigrant with a denied application has 90 days to file for a motion to reopen after receiving the immigration judge’s final order of removal, deportation, or exclusion. There is no time limit for filing a motion to reopen if an immigrant claims in court that they never received a Notice to Appear. 

What are the Exceptions in the Filing Deadline?

Under certain circumstances, a motion to reopen may be submitted beyond the filing deadline. Here are the exceptions to the 90-day filing period. 

  • Changed circumstances: When a motion to reopen is based on a request for asylum, withholding of removal, or protection under the Convention Against Torture, and it is premised on new circumstances, the motion must contain a thorough description of the new facts comprising those circumstances and explain how those facts affect the party’s eligibility for relief.
  • Deportation order in absentia: A motion to reopen may be filed within 180 days if there were any exceptional circumstances or at any time if the only reason the immigrant failed to appear was that they were in state or federal custody. Exceptional circumstances include illness, death of a close relative, and other ailments or incapacities that may also excuse a failure to appear.
  • Department of Homeland Security motions: The Department of Homeland Security is not subject to time and number limits on motions to reopen. 
  • Joint motions: Motions to reopen that are agreed upon by all parties and are jointly filed are not limited in time or number.
  • Battered spouses, children, and parents: There are special rules for certain motions to reopen by battered spouses, children, and parents.
  • Others: Exceptions may be created based on statutes, case law, directions, or other specific legal circumstances. The immigration judge may also restart proceedings on their initiative at any moment.

In your best interest, you should talk to a well-experienced New Jersey immigration denial lawyer to guide your motion to reopen. You will be assured that you’ll be able to submit on time and meet all the qualifications before filing. 

Where to File a Motion to Reopen in New Jersey?

Motions to reopen cases can often be submitted to the immigration court or the Board of Immigration Appeals. This is dependent on the entity that was last involved with the case. 

If an Immigration Judge ordered the removal of an individual and the immigrant did not challenge the decision, the motion must be submitted to the immigration court. Suppose the immigrant has filed an appeal with the Board of Immigration Appeals against the removal order issued by the Immigration Judge. In that case, the proposal must be filed with the Board of Immigration Appeals.

Similarly, if the individual has a pending petition for immigration review, the motion to reopen must be submitted to the Board of Immigration Appeals. However, if the Board of Immigration Appeals grants the petition for immigration review currently pending with the court of appeals, the court of appeals will lose jurisdiction over the matter because there will no longer be a final ruling for the court to examine.

The following may be considered exceptions to the general rule for motions to reopen. Applying to reopen these cases must then be submitted to the immigration court. It is highly recommended to seek legal advice from a trusted immigration denial attorney in New Jersey. 

  • After the Board of Immigration Appeals has sent the matter back to the Immigration Judge.
  • When the Board of Immigration Appeals dismissed an appeal for lack of jurisdiction or for lack of timeliness

When Should a Motion to Reopen be an Option?

Depending on the current situation of the immigrants, a motion to reopen may be an option for those who:

  • Have children who have reached the age of 21 and are now entitled to modify their status via their children
  • Did not receive any notice of the hearing; therefore, they failed to appear in court
  • Were unable to make it to their immigration hearing due to exceptional circumstances, such as the loss or serious sickness of a family member, 
  • Entered the United States on a visiting or temporary visa, such as a B-1 or B-2, married a U.S. citizen, and are now eligible to adjust their status.
  • Formerly subject to a removal order, but can now receive a Green Card as permanent residents.
  • Changes in their circumstances occurred since their last immigration hearing, and they are now qualified to apply for a Green Card, an adjustment of status, or some other form of immigration relief that was not previously available to them.

How to File for a Motion to Reopen in New Jersey? 

A motion to reopen the case needs to present new evidence and state new facts to qualify. Immigrants are not permitted to re-present evidence that has already been presented to the court, nor are they permitted to rely on facts that have previously been reported. 

Legal advice and representation from a qualified immigration denial lawyer can make this process smooth and stress-free. You can also be at ease in complying with all the rules and regulations governing motions to reopen. Here are the steps on how to file for a motion to reopen. 

  • Fill up Form I-290B, an appeal notice, or a motion with accurate information. 
  • Submit the motion to reopen the application within 90 days from the receipt of the final administrative order of removal, deportation, or exclusion
  • Send the motion to reopen the petition to the USCIS-designated address.
  • Pay the filing fee. If you can show that you cannot pay the cost, USCIS may waive the charge for Form I-290B.
  • Wait for a response. Responses to motions to reopen are due ten days after the immigration court receives the motion unless the immigration judge specifies otherwise.

Can I be Removed While My Motion to Reopen is Pending?

Yes! Filing a motion to reopen gives no guarantee an automatic stay of removal or deportation will be granted because an application to reopen has been submitted to the immigration court. You can be deported while you are awaiting the response of the court. 

However, if the removal order was made “in absentia,” indicating that you are in custody at the time of the hearing, then a motion to reopen the case will automatically stay the removal order. 

What Happens if My Motion to Reopen is Granted?

If the immigration court grants the motion to reopen, you will be allowed to present any new evidence during the next hearing. The immigration judge will make a decision based on the new evidence that was submitted.

What Happens if My Motion to Reopen is Denied?

If the immigration court did not grant your motion to reopen, you could submit an appeal to the Board of Immigration Appeals. 

Suppose the Board of Immigration Appeals rejects the immigration appeal. In that case, the matter can be taken to the United States Court of Appeals for the Third Circuit for further consideration. The court must receive petitions for review within 30 days of the date of the Board of Immigration Appeals decision. 

If your motion has been denied, get in touch with your New Jersey immigration denial attorney to re-evaluate your case and take appropriate action immediately. Otherwise, you run the risk of losing your right to appeal.

What is USCIS Motion to Reconsider?

A USCIS motion to reconsider is a request filed either to the immigration court to reconsider the initial decision made on your case in light of additional legal arguments, a change in the law, or an argument or feature of the case that was overlooked. It seeks to reexamine the decision based on legal considerations, such as disregarded laws, new laws, additional laws, etc. 

Motion to reconsider must either highlight an error in immigration law or fact in the immigration judge’s prior decision or recognize a change in the immigration law that affects the immigration judge’s prior decision and asks them to reconsider their ruling. And it needs to be supported by applicable legal authority or case law. A motion to reconsider relies on the existing record and does not seek to introduce new evidence or facts.

An immigrant can only file one motion to reconsider after a final administrative order of removal. And although they can be filed independently, they are typically filed alongside a motion to reopen.

When to File for USCIS Motion to Reconsider?

When an immigrant believes the judge improperly applied one of the following factors in their case, he may ask the immigration court to reexamine it.

  • The law
  • Existing facts
  • Federal immigration policy,

However, if some new facts or circumstances were not known or available during the initial hearing, the immigrant may file a motion to reopen the case in the immigration court. Consult with your trusted New Jersey immigration denial attorney on what is the best option for your case. 

When is the Deadline for Filing a Motion To Reconsider?

A motion to reconsider must be filed within 30 calendar days after the date of entry of a final administrative order of removal, deportation, or exclusion. It may be extended to 33 days if the decision is mailed. This time limit applies to both the date the decision is sent, and the day the motion is filed.

Unless the immigration judge specifies otherwise, responses to motions for reconsideration are due within ten days after the immigration court receives the motion.

To help you file your USCIS motion to reconsider timely, you can seek legal advice from a qualified New Jersey immigration denial lawyer. 

What are the Exceptions in the Filing Deadline?

Under specific conditions, a motion to reconsider may be brought after the deadline for filing. The exceptions to the 30-day filing period are as follows:

  • Respondent motions: the regulations provide no discretionary allowance for a late motion to reconsider.
  • Department of Homeland Security motions: the Department of Homeland Security is not subject to time and number limits on motions to reopen. 
  • Others: exceptions for motions to reconsider, which may be created per special legislation, case law, orders, or other special legal situations. There is also the possibility that the immigration judge could reconsider the decision on their initiative at any time.

What Can be Considered an Error of Immigration Law or Fact?

Before you can pursue a motion to reconsider, the error of immigration law or fact in the immigration judge’s decision must be established and specifically outlined. It is also required to cite not only the relevant source, such as statutes or case law, but also the inaccuracies in the record. Examples of possible errors that could support a motion to reconsider include but are not limited to: 

  • Omission of essential evidence
  • Denial of legal rights, including the right to an interpreter
  • Failure to apply previous court or Board of Immigration Appeals rulings to the case facts

If a USCIS motion to reconsider is based on changes in the law, the changes should be identified, and copies of the new immigration law should be provided.

What Happens if My USCIS Motion to Reconsider is Granted?

If the application to reconsider is successful, the immigration court will decide the matter again, taking into consideration any laws or facts that were overlooked during the initial decision.

There is no assurance, however, that the outcome will be different. However, you are assured that all of the relevant laws and facts will be considered this time.

What Happens if My USCIS Motion to Reconsider is Denied?

Similar to the motion to reopen, you can submit an appeal to the Board of Immigration Appeals if the immigration court grants an unfavorable decision on your motion to reconsider. You also have a 30-day filing period to the United StatesCourt of Appeals for the Third Circuit if the Board of Immigration Appeals refused your appeal. 

If you lost your case in the immigration court, it would be wise to contact an immigration denial lawyer in New Jersey to step in and take over your case. Your attorney can ensure you get better chances when you appeal your case to the higher courts.  

Motion To Reopen Vs. Motion To Reconsider

Although these two motions appear similar, they are not identical. Both courses of action are forwarded to the same immigration judge. However, each takes a different course of action to accomplish its objectives.

A motion to reopen a case is filed when there are newly found facts that were not brought to light during the initial hearing or when the decision was being made. On the other hand, a motion to reconsider is filed when an individual argues that the immigration court did not properly apply the relevant laws and facts of their case.

In a motion to reopen, the immigration court may decide to revisit the case to incorporate the new facts or the relevant laws and maybe render a different verdict. Immigrants submit a motion for reconsideration to request that the immigrationjudge correct an error or conduct a more proper investigation into the case.

Can I File Combined Motion To Reopen and Motion To Reconsider?

Yes, you can. When your immigration application has been denied, you can file a motion to reopen the proceeding, a motion to reconsider the decision, or a combined motion to reopen and reconsider. 

When motions to reopen and reconsider are combined, the Administrative Appeals Office will analyze each motion separately, even if they were combined. It may grant both motions. It may also grant one motion while rejecting the other. It is also possible for the Administrative Appeals Office to reject both motions.

On its initiative, the Administrative Appeals Office has the authority to either reopen a proceeding or reconsider one of its previous rulings.

Call our Reliable Immigration Denial Attorney Now!

Losing an immigration case can be painful, depressing, and frustrating. Understandably, you may feel like giving up. After all, the process of securing U.S. citizenship is not easy. It is a long and exhausting process. It can even make you feel physically and emotionally drained while complying with the requirements and waiting for the decision. 

But rejection is not the end. You still have a chance with the help of a compassionate yet aggressive New Jersey immigration denial lawyer in New Jersey. Together, we will make it work for you. We will bring our knowledge and years of experience to assist you in achieving the outcome you deserve. 

Andres Mejer Law represents clients of all immigration, family, and criminal problems across Eatontown, Lakewood, Newark, Edison, Bridgewater, and Freehold in New Jersey. 

Do not ever think that you don’t have a chance. At Andres Mejer Law, you will have your second chance, and we will help you fight for it! Contact our law firm now!