We will review the basics of appeals to better understand how motions to reopen and reconsider differ from the appeals process, and how they are similar. On this page, you’ll find information about motions to reopen, motions to reconsider, and how they differ from filing an appeal.
Motions to reopen may be filed in response to new evidence or changed circumstances.
Motions to reconsider are solely legal in nature and require well-reasoned arguments to establish that the denial was based on an incorrect application of the law. If an immigration benefit is denied, the applicant may file a motion to reconsider or reopen it with the United States Citizenship and Immigration Services District Director who denied their application. Both processes are complicated, so it is best to seek the help and support of an immigration attorney. These two options are frequently confused as the same action, but they are not. ” In that case, you may still have an opportunity to have your case reopened or reconsidered.
Suppose you have sent in an immigration application and received a response stating, “ notion of an unfavorable decision.
