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Immigration Motions Attorney: Rekindling the American Dream

A decision by the USCIS or an immigration court about your immigration case can
be very difficult to accept. You may feel like the decision is unfair, or you may simply not
agree with it. Thankfully, in many cases, you can file a motion to reopen or reconsider your
case with the USCIS or immigration court.

Olubusayo Fasidi PC is the one-stop law firm for all your immigration needs! We
offer comprehensive legal services to individuals and businesses seeking immigration benefits in
the United States. If you need help with your immigration case, please contact our office today!

What Is a Motion to Reopen?

A motion to reopen is a request made to the USCIS or an immigration court to
review a previous decision in your case. This could be a decision to deny your application for
benefits, or a decision to order you removed (deported) from the United States.

To succeed in a motion to reopen, you must demonstrate that there is new evidence or information
that was not available at the time of the original decision and that this new evidence or
information would likely change the outcome of your case.

What Is a Motion to Reconsider?

Immigration motions to reconsider are filings that ask the court to take another look at a
decision it previously made in an immigration case.

These motions are typically filed by people who have been denied asylum or another form of relief
from removal from the United States.

In order to succeed on a motion to reconsider, the person filing must show that there is new
evidence that was not available at the time of the original hearing, or that the court made a
legal error in its earlier decision.

Motions to reconsider are rarely granted, but they can be an important tool for people who have
been unfairly denied relief in their immigration cases.



When Should an Immigration Motion Be Filed?

You have 30 days from the date of the USCIS or immigration court decision to file a motion to
reopen or reconsider. If you received your decision through the mail, you may have 3 more days
to file, for a total of 33 days.

Some exceptions may apply to the 30-day deadline. For example, if unavoidable circumstances
beyond your control prevented you from filing on time, you may be able to get an extension. An
experienced immigration attorney can help you determine if you qualify for an extension of the
deadline to file your motion.

What Are the Requirements for an Immigration Motion?

The requirements for an immigration motion will vary depending on whether you are filing with
the USCIS or an immigration court, and what type of motion you are filing.

In general, however, you will need to submit a written request for the motion, along with any
supporting documentation. For example, if you are claiming that new evidence is available, you
will need to submit that evidence with your motion.

It is important to note that filing a motion does not guarantee that it will be granted. The
USCIS or immigration court may deny your motion if they find that it does not meet the
requirements, or if they determine that the new evidence would not likely change the outcome of
your case.

Where Can I File My Motion?

The specific procedures for filing an immigration motion will depend on whether
you are filing with the USCIS or an immigration court. The USCIS has published guidance on how
to file a motion to reopen or reconsider, and you can find information on the website of the
Executive Office for Immigration Review (EOIR), which oversees the immigration courts.

What Are the Chances of Success in an Immigration Motion?

The chances of success in an immigration motion vary depending on the specific facts and
circumstances of your case, as well as the type of motion you are filing.

Motions to reopen are typically more successful than motions to reconsider, but both types of
motions can be difficult to win. An experienced immigration attorney can evaluate your case and
give you an idea of your chances for success before you file a motion.

Will I be deported while my motion is pending?

If you have been ordered deported, you may be able to stay in the United States while your motion
is pending. However, if you are in removal proceedings, the immigration judge may order you
removed from the United States even if your motion is still pending.

It is important to note that filing a motion does not guarantee that it will be granted. The
USCIS or immigration court may deny your motion if they find that it does not meet the
requirements, or if they determine that the new evidence would not likely change the outcome of
your case.

How Can an Immigration Attorney Help?

An immigration attorney can help with an immigration motion in a number of ways.

  1. An attorney can help you determine if you have new evidence or information that would warrant
    filing a motion.
  2. An attorney can help you gather and submit the required documentation with your motion.
  3. An attorney can represent you in court if your motion is denied and your case goes to
    deportation proceedings.
  4. An attorney can help you navigate the complex legal process and ensure that your rights are
    protected at every step.

If you have been denied relief in your immigration case, an experienced immigration attorney can help
you determine if filing a motion to reopen or reconsider is right for you.

Get Help from an Experienced Immigration Motions Attorney

If you have been denied relief in your immigration case, contact us today for a consultation
with an experienced immigration motions lawyer at Olubusayo Fasidi PC. We will review your case
and help you determine if filing a motion to reopen or reconsider is right for you. If we decide
to move forward, we will be with you every step of the way, fighting for the best possible
outcome in your case.

You don’t need to navigate this intricate journey alone. Reach out to us today and allow us to guide
you

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