If your immigration application was denied or the immigration judge ruled against you, an attorney from New Frontier Immigration Law in Phoenix may be able to file an MTR: motion to reconsider or reopen. So even if you left the country or may be removed soon, it is not too late. We might be able to help you stay here.
You only have a short time after a denial or ruling to challenge it. Therefore, we offer strategic sessions where we can discuss your options or how we may be able to appeal. Motions to reconsider and/or reopen the case are two of the most common.
What Is a Motion to Reconsider or Reopen, and How Can It Help Me?
According to U.S. Citizenship and Immigration Services (USCIS), you have three options to challenge a decision:
- A motion to reconsider the decision
- A motion to reopen the proceeding or case
- A combined motion to both reopen and reconsider
Our immigration lawyers understand how these motions work when they are best used and how to provide the greatest opportunity for our clients to gain approval by using them. They are different from an appeal, which asks another court to review a ruling. The motions ask the same agency or authority to review their work, either considering new evidence or mistakes made in the initial ruling.
Motions to Reopen
A motion to reopen is a request to review the application or petition again but consider new facts and new evidence. This may help reverse a decision if the information in the initial filing was incomplete, not properly documented, or there were other issues. In addition, if you handled your initial filing without an attorney, our immigration lawyers may be able to strengthen your case with new evidence.
Motions to Reconsider
A motion to reconsider does not consider new evidence. Instead, there must be documentation that their decision was a mistake or they incorrectly applied the law. This is most useful when an applicant was denied for a reason that was clearly addressed and not an issue in their paperwork.
For example, when an individual applies for Deferred Action for Childhood Arrivals (DACA), they must show they were in the United States before their 16th birthday. If they submit proof they attended school in Phoenix during elementary school, but USCIS denies them because they were not here soon enough, a motion to reconsider may be effective.
Combined Motions to Reopen and Reconsider
Our attorneys file a combined motion to reopen and reconsider in many cases. Each one is treated individually, but it offers the opportunity for us to challenge their decision and provide additional evidence to support approving the application or petition.
For a free legal consultation with a motion to reopen lawyer serving Phoenix,call (623) 742-5400
How Oour Immigration Lawyers Can Help You
We understand that immigration concerns are stressful, frustrating, and scary. However, we want to help you remain in your home with your family and friends and reduce your worry. Many of us have lived this struggle ourselves and are now here to help you and your family.
During an initial strategic session with our lawyer, we can learn about your immigration case, what you filed to receive, and the outcome in your case. Then, we can determine the next best moves for you, helping you navigate the tedious fight to live and work in the United States legally.
We may be able to help even if your family member is detained, was forced to leave the U.S., or will soon have to leave. We want to reunite families and find a way to ensure you can all remain here in Phoenix.
Phoenix Motion to Reopen Lawyer Near Me (623) 742-5400
We Can Help You Challenge a Denial Through an MTR
Our client testimonials describe how our attorneys treat every client–with respect and a passion for helping them get the best possible outcome in their case. If you work with us, you can expect:
- Answers to your questions about your options, the process, and your rights
- For us to navigate the process on your behalf and keep you up to date
- An attorney representing you in immigration court or other appearances
- A compassionate and understanding team who is available when you need us
- A knowledgeable legal team who can develop a strategy to give you the best chance at overturning your denial or ruling
Our legal team knows how to handle MTRs, but we need you to contact us quickly after learning of the denial. According to USCIS, most people only have 30 days to file a motion to reopen, a motion to reconsider, or both.
The time limit is different for a motion to reopen for cases in immigration court. For example, if you received an order of removal, deportation, or exclusion, you may have up to 90 days under 8 C.F.R. § 1003.23(b)(1). However, we may need more investigation in these cases, so we encourage you to act quickly.
When we file these challenges, we must gather evidence, write a brief, and file specific forms that indicate why we believe the unfavorable decision was incorrect. This requires us to:
- Identify and explain the error of law in a motion to reconsider
- Explain and document any new facts or new evidence in a motion to reopen
This takes time, so taking quick action following the disappointing outcome of your case is essential.
Schedule Your Strategic Session with Our Immigration Attorneys Today
At New Frontier Immigration Law, our lawyers and immigrant advocates provide strategic sessions where we can discuss the concerns of potential clients. We will help you understand your legal options after a denial or bad news in your immigration proceedings. A denial may not be the end of your case. We may still be able to help you get approved to live and work in the United States legally.
Call (623) 235-8649 to discuss your case with an immigration attorney today.