San Jose Motion To Reopen Attorney

Determining Whether There Are Legal Grounds to Reopen an Immigration Case

If you receive a negative decision in your immigration case, whether that is from the immigration judge or the U.S Citizenship and Immigration Services office, you may not realize there could be alternative options. Filing immigration appeals and motions can give you a chance to revisit your case, and one of these strategies includes filing a motion to reopen. This process has strict requirements and a tight filing deadline, and you need to understand how it works before moving forward. Our San Jose Motion to Reopen Attorney at Law Offices of Daniel Shanfield Immigration Defense P.C. provides legal representation for immigration cases, including motions to reopen. We offer fully bilingual support and 100% confidential consultations to protect your privacy and your future.

Contact our office immediately at 408-359-4388 to discuss your options.

What Is a Motion to Reopen?

A motion to reopen is a formal request that you file to have your case reopened because there are new facts or evidence that could change the decision. In immigration law, motions to reopen may be filed with the U.S. Citizenship and Immigration Services office, immigration court, or the Board of Immigration Appeals.

There is often confusion between a motion to reopen and a motion to reconsider. A motion to reconsider is based on the belief that there was a legal error in the immigration proceedings. It asks the government to review the case again to ensure that the proper laws and standards were applied.

A motion to reopen, on the other hand, is filed because new evidence or facts have come to light. For example, the person may now be eligible for immigration relief under asylum because there has been a change in the conditions of their home country that makes it dangerous for them to return. It can be a valuable tool during immigration appeals and other situations, but it is important to ensure it applies to your case. Talk to an attorney about your situation to determine if you qualify to file a motion to reopen.

What Are the Requirements for a Successful Motion to Reopen?

The main requirement for a motion to reopen is that there be new evidence that was not known and could not have reasonably been known at the time of the initial decision. This evidence must also be both credible and relevant. You will generally need to provide supporting documents to corroborate the new evidence. This can be official records, news reports, or affidavits. Your immigration attorney can help ensure that your evidence is credible, clear, and compelling.

It is important to be aware that there are some limitations to motions to reopen. For example, some case types only allow one motion to reopen. If it is unsuccessful, the decision stands, and you would need to start the application or petition process over again. Working with an attorney can save you valuable time by ensuring that the new evidence you want to have considered meets the threshold for legal relevance.

How Long Do You Have to File a Motion to Reopen Under Immigration Law?

A motion to reopen an immigration case usually needs to be filed within 90 days of the final decision. This is an important deadline to keep in mind. Many people believe they can request that their case be reopened several months or even years after the last administrative decision. However, if you are outside the 90-day timeframe, you generally would need to reapply instead of trying to reopen the case.

There are some exceptions to the 90-day rule. For example, you may be able to file a motion to reopen the case for asylum-related reasons if there has been a change in the country conditions even after the 90 days have passed. Keep in mind that the deadline is calculated based on the day the final decision was made, not when you became aware of it. The decision letter should include an official date to use to ensure you meet filing deadlines.

What Happens If the Motion to Reopen Is Denied?

If your motion to reopen is denied, the final decision stands. An attorney can help you understand the possible next steps, but your options may be limited. Depending on your case, you may be able to file a motion to reconsider, appeal the denial, or file a case in federal court. However, not all cases qualify for these options. At the Law Offices of Daniel Shanfield Immigration Defense P.C., our attorneys can explain any alternatives to a motion to reopen you may qualify for and help you understand where your case goes from here.

Your Case Isn’t Over: Reopen Your Immigration Path

Motions to reopen can offer a way to have your immigration decision reconsidered, but it’s important to act quickly. There’s limited time to make your filing, and the evidence and supporting documentation need to be strong. Find out whether a motion to reopen could be an option in your case when you call an experienced  Motion To Reopen attorney in San Jose at Law Offices of Daniel Shanfield Immigration Defense P.C.

Take action now and call 408-359-4388 for a confidential consultation. Hablamos español. ¡Llámenos hoy!