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.
