You may think that it is the end of the line if you have an immigration case that is denied;. however, the good news is that you can use a motion to reopen your immigration case in order to have your case reevaluated. Not only does this improve your chances of having your case approved, but it also gives you the opportunity to present new evidence that can support your case. Keep reading to find out the difference between a motion to reconsider vs reopen and how to file an EOIR motion to reopen.
Difference Between a Motion to Reopen and a Motion to Reconsider
A USCIS motion to reopen provides immigrants with an opportunity to request that their immigration case be reopened by an immigration judge. In most cases, this is done for the purpose of avoiding deportation or removal.
If you are facing an immigration case denial, you will need to understand the difference between a motion to reconsider vs a motion to reopen. Although they may seem similar, they are quite different and will apply to different immigration cases.
- Motion to reconsider: This is when you file a motion to have your case reevaluated if you believe that your case wasn’t handled correctly. For instance, you may believe that the government didn’t consider the facts appropriately or used an incorrect application of law or policy when denying your claim.
- Motion to reopen: This is when you have had your case denied fairly, but new facts have come to light. You may have additional evidence or witness testimony that can support your case, leading to the USCIS altering its decision.
No matter which option is most suitable to your situation, you need to hire a deportation defense attorney. An attorney will have experience handling these types of scenarios and can help you move forward with confidence, ensuring your rights are upheld throughout the immigration process.
When Should You Consider Filing a Motion to Reopen?
You should usually consider filing an immigration appeal or motion to reopen an immigration case if you ever received a removal order. Most people file this within 90 days of receiving the final removal order so that their case can be reopened and reevaluated. Keep in mind that filing this motion does not automatically waive the removal order; this will only happen if an immigration judge or board of immigration appeals orders a stay of removal order.
You may also want to file a motion to reopen the immigration case if you have new documentation or a new testimony that you believe will result in approval. Additionally, filing a motion to reopen is a common option if you missed your immigration hearing for some reason. When you file the motion to reopen, you can provide an explanation of why you missed your hearing, which can grant you another opportunity to go before an immigration judge.
It’s important to understand that although it is most common to file a motion to reopen if you are facing removal or deportation, this isn’t a guarantee. To stop deportation or removal proceedings, you must file the motion on time, provide documentation, and provide a qualifying reason for why your motion to reopen should be accepted.
How to File a Motion to Reopen
When you file a USCIS motion to reopen, there are several things you will need to include. Keep in mind that the forms you will need to provide will differ depending on whether you are filing with the Board of Immigration Appeals or an immigration judge. This will depend on whether or not you last had contact with the Board of Immigration Appeals or an immigration judge, such as who was responsible for ordering the removal.
Here is a breakdown of how to file this motion and the documentation you need to provide:
- A cover letter
- An explanation of why you missed your hearing, if applicable
- An entry of appearance, which is form EOIR-27 or form EOIR-28
- A copy of your removal order
- The filing fee
- Motion to reopen
- Additional evidence regarding your case
The specific types of additional documentation you will need to provide will be dependent on your situation. For instance, if your order includes any criminal proceedings, you will need to include additional information about this. The same goes for orders that have been subject to any judicial proceedings.
Having an immigration attorney on your side will be invaluable as they can help you best determine what you need to include to improve your chances of approval.
Motion to Reopen Filing Deadlines
Like any other aspect of immigration, knowing when to file your motion is essential. Depending on your reasons for filing, you may have to file within a certain timeframe; otherwise, the court may not reconsider your case.
As we mentioned above, you need to file within 90 days of receiving the final order for removal or deportation proceedings. For other immigration decisions, you usually only have 30 days to file. Depending on your specific situation, there may be instances where the deadlines do not apply to you, such as if you have an absentia order of removal, which could provide a much more flexible deadline.
Hire an Immigration Attorney Today
Do you want to file a motion to reopen your immigration case if you are facing deportation or have received an immigration denial? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ:
Can I file a motion after being ordered deported?
Yes, you can file a motion to reopen as long as you do this before the final deportation order. If final deportation proceedings have already begun or you have already been deported, you will need to look into other immigration avenues.
Is it possible to reopen a case more than once?
No, each individual is only permitted one motion to reopen, which is why you need to ensure you have done this within the right timeframe and have provided enough evidence to support your motion.
