Motion to Reopen

Motion to Reopen

When USCIS denies a case, the applicant normally has the opportunity to file a motion to reopen, motion to reconsider and/or an appeal.  A motion to reopen, reconsider, or an appeal must be filed within 30 days of the unfavorable decision (or 33 days if the decision is mailed).  A late filed motion to reopen may be excused in the discretion of USCIS if the delay was reasonable and beyond the applicant’s or petitioner’s control.

Unlike appeals, which asks a new authority to review and reverse a decision, motions to reopen and/or reconsider request a review by the authority that issued the denial.  This is typically a USCIS field office or a Service Center such as Nebraska, California, Texas, or Vermont.   While an appeal normally takes at least 6 months, and in many occasions much longer, to adjudicate, a motion to reopen or a motion to reconsider is typically adjudicated in 3 months or less.

A motion to reopen must state new facts and provide supporting evidence.  Merely resubmitting previously provided evidence will not meet the requirements of a motion to reopen.  A motion to reconsider must establish that the decision was based on an incorrect applicant of law or policy and that the decision was incorrect on the evidence of record at the time of decision. The applicant must provide citations to the statute, regulation, or precedent decisions to support motion to reconsider.

A motion to reopen and reconsider can be filed together. and even in addition to an appeal.  Contact us to determine which option is best for you.

One Response

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  1. Written by Andy
    on October 31, 2017 at 9:21 pm

    I came to US on h1b, while my wife traveled to US on H4 visa. Later we applied for labor certification for my wife, which got approved and then applied for I140 petition, which got denied because of willful misrepresentation on the work experience letter. We filed Notice of Appeal (I-290B) for I140 case, which got denied too.

    About my case, my H1b sponsoring company has already filed for I140 for myself. It’s in pending state. My H1b has already expired and my company has already filed for h1b extension, which is in pending state too. My wife’s h4 has expired too.

    Should I apply for I485 along with my wife? What implication it can have either on my green card case or my wife’s green case with her I140 denied?
    Much appreciated, if you could advise as how to best approach to get green card for both myself and my wife. Thanks

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