If you have received a denial of your immigration case, it can feel as though you have no other way to be able to remain in the United States. Thankfully, there are options available where you can request an immigration judge to reconsider the decision and to review your case again. A motion to reopen can be filed after a denial is received, but there are rules that apply based on the type of case that was filed on your behalf. When this motion is filed, it is required to provide evidence as to how the case is able to utilize this option. For this reason, it is important to work with an immigration appeal attorney to ensure that all regulations are followed. Furthermore, an immigration appeal lawyer can determine if you can file this motion again should it be denied.
Motion to Reopen
A motion to reopen is a document that explains to an immigration judge why the decision to deny a case should be reconsidered. The motion must be accompanied with the proper application, proof that payment was submitted with the initial case, and any necessary supporting documents. Generally, a motion to reopen must be filed within 90 days of receiving the denial and only one motion is allowed per case. However, there are exceptions to this rule. If the original case was for asylum or a request to withhold deportation due to a change in the home country’s conditions, the rules for the time limit and number of times allowed to request do not apply. Additionally, a motion to reopen for a self-petition due to spousal abuse can be filed up to one year after receiving a denial.
There are a number of other exceptions to the rule for a motion to reopen. The immigration appeal process is very detailed and requires the knowledge of an attorney. If you are looking for an immigration lawyer Pasadena, contact Alami Law. Our team will help you explore the options available to you for your case to be reconsidered by the immigration court.