If your or your loved one’s immigration application was denied or you received an order against you in immigration court, you can file a:
- Motion to reopen an immigration case: If you have new evidence that can support your case, you can file a petition to request the court to review the new evidence. This can also be an option if the initial filing application was incomplete, had errors, or was filed by yourself or your loved one without an immigration attorney.
- Motion to reconsider a case decision: If you do not have new evidence but believe the denial decision was made by mistake or through manipulation of the law, then you can appeal for a reconsideration of the decision. For example, applicants for Deferred Action for Childhood Arrivals (DACA) must submit proof that they were living in the United States before their 16th birthday, such as school transcripts. If you submitted these documents and were still denied, you may file for reconsideration.
- Combined motion to reopen an immigration case and reconsider a decision: In some cases, clients may file a combined motion to challenge a decision and submit additional evidence to support their initial filing application.