Motions: Seeking a Second Chance in Immigration Proceedings

Receiving an unfavorable decision in your immigration case can be disheartening, but it doesn't have to be the end of your journey. Motions are legal tools that allow you to request a review or reopening of your case based on new evidence or claims of legal errors.

There are two primary types of motions:

• Motion to Reopen: This motion requests the reopening of your case to present new facts or evidence that were not available at the time of the original decision. It's crucial to understand that the new facts must be material and could not have been discovered or presented earlier. 
• Motion to Reconsider: This motion asks the reviewing authority to reconsider its decision based on an alleged incorrect application of law or policy. Unlike a motion to reopen, this does not involve new facts but focuses on legal errors in the original decision. 

Filing a motion is not a simple process. It requires a thorough understanding of immigration laws, precise documentation, and adherence to strict deadlines. For instance, a motion to reopen must typically be filed within 90 days of the final decision, and a motion to reconsider must be filed within 30 days. 

At The LemUS Law Firm, we are committed to helping individuals navigate the complexities of immigration motions. Whether you have new evidence to present or believe there was a legal error in your case, our experienced team is here to guide you through the process.

Contact The LemUS Law Firm today for a free consultation to discuss your options and determine the best course of action for your situation.