IMMIGRATION

AREAS OF PRACTICE

 

4 Employment-Based 4 Marriage Interviews 4 DACA 4 Removal Proceedings 4 Motion to Reopen 4 Naturalization

 

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Phone: (754) 777-8395

4 Labor Certification 4 Visas 4 Family-Based Immigration 4 Investment-Based Immigration 4 Asylum 4 Bond Hearings 4 BIA/Federal Appeals 4 L1 Visa 4 E2 Visa

     If the Administrative Appeals Office (AAO) issues an unfavorable decision, the appellant may file a motion to reopen and/or reconsider the decision.  The AAO may also reopen and/or reconsider one of its prior decisions on its own motion.

 

     Unlike appeals, which ask a higher authority to review and reverse a decision, motions to reopen and/or reconsider request a review by the authority that issued the latest decision in the proceeding.

 

      Therefore, a U.S. Citizenship and Immigration Services (USCIS) field office has jurisdiction over motions relating to its decisions, and the AAO has jurisdiction over motions relating to its decisions.

 

          A motion to reopen is based on documentary evidence of new facts.  Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision.

 

      When adjudicating a motion, the AAO will first determine whether the motion meets the requirements of a motion to reopen and/or reconsider.  If the AAO grants the motion, it will reopen the proceeding and/or reconsider the prior decision, and issue a new decision that affirms or withdraws its prior decision. The AAO may grant a motion but still issue an unfavorable decision on the underlying immigration benefit request.

 

       The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5.

 

       For more information please contact MURATBEKOV LAW, P.A. by the phone: (1)(754) 777-8395.

 

MOTIONS TO REOPEN

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