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Home » FAQs » How Often Are Motions for Reconsideration Granted?

How Often Are Motions for Reconsideration Granted?

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What Is a Motion for Reconsideration?

When Should You File a Motion for Reconsideration?

How Often are Motions for Reconsideration Granted?

How Can an Immigration Attorney Help with My Motion for Reconsideration?

Is There a Deadline for Filing a Motion for Reconsideration?

Contact New Frontier Immigration Law Today

If an immigration judge made a ruling, you or a loved one disagree with, you can file a motion for reconsideration. Motions for reconsideration are granted often, so there’s a good chance yours will be too. A lawyer can help you or your loved one file a motion and make your case in order to resolve your immigration situation once and for all.

Our team at New Frontier Immigration Law is available to meet with you for a complimentary strategy session. If you decide to reach out to an attorney for assistance, an Arizona immigration lawyer from our firm can help you decide whether filing a motion for reconsideration would be appropriate in your case.

What Is a Motion for Reconsideration?

After an immigration judge/court makes a ruling, you may disagree with it and decide to ask the judge to reconsider the ruling. An individual can make their request through a motion for reconsideration, a motion for reopening the proceeding or case, or a motion for reopening and reconsideration, per U.S. Citizenship and Immigration Services (USCIS).

Each of these motions are different from appeals which ask another court to review a ruling. The motions ask the same authority or agency that made the initial ruling to review the ruling, such as by checking for any mistakes made during the ruling or by considering other evidence for the ruling.

A motion for reconsideration, specifically, does not ask the authority or agency to consider other evidence. Instead, the motion asks them to check for mistakes, such as incorrectly applying the law during the ruling. The person filing the motion must provide some kind of documentation suggesting a mistake.

When Should You File a Motion for Reconsideration?

A person may want to file a motion for reconsideration if their immigration application was denied. Anyone can file the motion if they disagree with any ruling a judge made. Generally, you should file a motion for reconsideration if you believe the judge did not thoroughly consider or examine existing evidence, correctly apply the law to your case, or when new evidence is available.

How Often are Motions for Reconsideration Granted?

Many judges are open to reconsideration. The most common post-trial motion is the motion for reconsideration, and it’s granted quite often. An immigration attorney will understand how the motion works when it should be filed, and how best to assist their client in seeking approval.

How Can an Immigration Attorney Help with My Motion for Reconsideration?

If you decide to hire an immigration attorney in Arizona, your attorney will be able to assist you with:

Deciding whether to file the motion
Identifying any errors that the judge made
Developing a strategy for reversing the denial or other ruling
Ensuring your motion is drafted properly
Ensuring the motion explains your situation clearly and thoroughly
Making sure your motion argues your case effectively
Filing your motion for you
Arguing your case to a judge on your behalf
Representing you in immigration court and in other appearances
Pushing for a quick resolution

Is There a Deadline for Filing a Motion for Reconsideration?

According to USCIS, generally, there is a 30-day deadline to file a motion for reconsideration or a similar motion. This deadline starts the day of the decision. However, the deadline is 33 calendar days if the decision was mailed, and the deadline may be 90 days for a motion for reopening.

Contact New Frontier Immigration Law Today

Our team at New Frontier Immigration Law is here to protect others from deportation, help them apply for permanent status, assist their families in getting residency, and argue against poor decisions immigration judges make. We offer many services you might benefit from. Our Arizona immigration lawyers have experience with filing and resolving motions for reconsideration so they will be able to guide you through the process toward a fair outcome.

The first thing our firm will do is offer you a complimentary case evaluation with a member of our team. During this session, we’ll ask and advise you about your case as well as tell you more about what we can do for you. If you’d like to learn more about us and motions for reconsideration, do not hesitate to reach out to New Frontier Immigration Law today to speak with us about your situation and schedule a consultation.