- (973) 626-1177 Open 24/7
Table of contents
The immigration regulations for entering the United States legally are complex and confusing. If you’ve been denied a visa or need to ask for a motion to reconsider or reopen your case, then that’s when you really need an experienced immigration lawyer to file a motion to reargue and reconsider in NY. Kats Immigration Law in New York City is a recognized firm that can file a motion to reopen your case. Call today to set up a virtual consultation.
You have options if your immigration appeal has been denied. Whether your application has been denied by the U.S. Citizenship and Immigration Services (USCIS) or your appeal with the Board of Immigration Appeals (BIA) has been denied, you can still pursue your case. But it’s time to consult with a motion to reconsider attorney.
Losing an appeal doesn’t mean that you’ve completed the immigration process. A denial may sound like the end of the road, but you should focus on options available for you to accomplish your dream of becoming a permanent U.S. resident. The superior choice for your motion to reargue and reconsider in NYC is Alina Kats at Kats Immigration Law. She has offices in Manhattan and Brooklyn.
A motion to reconsider is one option to challenge an appeal that was denied. The motion must contain evidence that the Administrative Appeals Office (AAO) utilized a law incorrectly for their decision. The authority that makes decisions differs for immigration appeals or denials, for example:
When you lose a denial with the BIA, you may be eligible to file a motion to reconsider within 30 days. This process challenges a previous denial by the BIA based solely on how a law was incorrectly applied to your case. There is an additional filing fee and attorney cost for this procedure, and your attorney only cites cases that were previously filed within the BIA.
A denied appeal from the USCIS may qualify for a motion to reconsider. The motion process parallels the BIA, although costs may differ. You can’t appeal the decision if your application for adjustment of status is denied; however, you may file a motion to reconsider. Time constraints do apply to all scenarios, which is why it’s vital that you rely on an experienced immigration attorney to handle all motions so you don’t miss those important deadlines.
The best Immigration Attorney! Alina Kats is the best Immigration Attorney. She is very professional and knowledgeable. Her team is excellent as well. They did outstanding work for my husband. I highly recommend her to anyone who needs legal help.
Svetlana NevmirichenkoI had the pleasure of working with Attorney Kats in our representation of a mutual client. She was incredibly helpful, diligent, attentive, and communicative throughout the case. Our client obtained a great outcome due to her expertise. I would highly recommend her for any of your immigration needs.
Brian JordanI had the pleasure of working with Alina and her team, they are all so supportive, understanding and helpful. I felt important and understood, nowadays it is rare to find such law firms. I highly recommend Alina Kats and her law firm.
LelaMotions to reopen are available when you have new evidence to present that may change the outcome of the denied appeal. You or your attorney are eligible to file a motion to reopen. No one else is able to file on your behalf. Similar to motions to reconsider, there are different jurisdictions where you can file a motion, such as:
Motions to reopen for new evidence have a 90-day time constraint based on the date of denial from the BIA. Filing a motion with the USCIS is also time sensitive, so consult a motion to reopen attorney for the next steps in this proceeding. Don’t wait.
You don’t have to file a motion to reconsider or reopen separately. The AAO considers each motion a separate occurrence and makes a decision for each. Both may be denied, one may be denied and the other approved, or both may be approved. The circumstances that surround ineligibility of filing either motion may include:
Additionally, a motion may be automatically withdrawn if you leave the U.S. after filing and before a decision is made. Consideration of review for all circumstances are at the discretion of the USCIS, BIA and AAO. Your immigration lawyer explains your options and advises you of the best course of action for your case.
A petition for review is another tool used to ask the appeals court for a review of your appeals denial. This option applies after every possible motion has been filed and the result is still a denial. Denials result in deportation or repudiation of legal entry in the U.S. The basis for a petition for review may include the application of certain components, such as:
Deportation may still result while requesting a petition for review and the review period. Your attorney has the ability to litigate a hold on your deportation while awaiting the results of your review, which is separate from the petition for review. For this to be successful, extensive research must be argued before the appropriate court. The circumstances must be compelling, and it takes knowledge and experience to accomplish.
Virtual consultations and in-person meetings in Manhattan or Brooklyn are available with your motion to reargue and reconsider lawyer. There’s no need to overthink the court’s decision to deny your appeal. You have options and your confidence will improve once Alina Kats is a part of your immigration team. Your one-stop attorney office provides a wide-range of services, which include:
Contact Kats Immigration Law, an exceptional choice for representation regarding a number of immigration issues, including motions to reconsider or reopen.