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.