Motion to Reopen


When an immigration case is denied, the affected person has the right to request the United States Citizenship and Immigration Services (USCIS, for its acronym in English) to reconsider the decision; for this, it must prove that the decision taken was incorrect, based on the provisions of the laws and policies of the United States for these cases.

What is a motion to reopen?

It’s a legal mechanism that people who are denied an application have, through which they are granted the right to ask the Immigration Court for authorization to reopen their case, so that the decision taken is legal and adequate, in accordance with what the immigration laws dictate.

What reasons justify a motion to reopen?

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The main causes that justify a motion to reopen are given by the following circumstances:

  • Having had inadequate legal assistance.
  • Not having received a notification.
  • Failure to appear due to extraordinary situations.
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What must be presented in a motion to reopen?

In the event that the motion is granted, the law requires that new evidence be exposed, which will be verified at a hearing. This evidence includes affidavits or any other probative material that is relevant to the case and that has not been previously presented.

What is the deadline for filing a motion to reopen?

The stipulated time to file a motion to reopen is 30 days from the moment you receive notification that your initial application was denied.

Who can file the motion?

A motion to reopen can only be filed by the person to whom the request was denied.

How can the motion be made?

Generally, most motions are filed using Form I-290: Notice of Appeal or Motion, which will be reviewed by USCIS. It must contain all the personal information of the applicant, an explanation of the reason why the motion request is made and the new facts or evidence that are submitted for consideration, as well as, it must include documents or sworn statements that support them.

What happens after the motion is filed?

After you have completed your request for a motion to reopen, you must wait for the USCIS decision.

The notification will be sent to you approximately 90 days after the filing date.

If you find yourself going through a legal process that requires you to request a motion to reopen, it is best to enlist the advice of an expert in immigration law.

At Tramites de Inmigracion Corp we have a team of specialized professionals, ready to help you and provide you with all the necessary legal advice to determine the best way to resolve your situation.

Don’t wait any longer to call! Contact us at 1 (786) 776-7152 or 1 (786) 786-5088.

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