Motions to reopen2018-01-08T22:05:27+00:00

MOTIONS TO REOPEN

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.

You are seeking for motions to reopen, we can help you!

CONTACT MURATBEKOV LAW P.A.

Questions about a US immigration issue?

Ask one of our lawyers of Muratbekov Law Firm.

Ask a question
Investment-based immigration

INVESTMENT-BASED IMMIGRATION

Read MORE
Family-based immigration

FAMILY-BASED IMMIGRATION

Read MORE
Employment-based immigration

EMPLOYMENT-BASED IMMIGRATION

Read MORE
Asylum

ASYLUM

Read MORE
Removal proceedings

REMOVAL PROCEEDINGS

Read MORE
Naturalization

NATURALIZATION

Read MORE
ATTORNEY ADVERTISEMENT.
The information available at this web site is for informational purposes only and not for the purpose of providing legal advice. You should contact MURATBEKOV LAW, P.A. directly in order to receive consultation, legal advice or both. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between MURATBEKOV LAW, P.A. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of MURATBEKOV LAW, P.A. or any individual attorney at all.