Motion to Reopen or Motion to Reconsider: Challenging a Denied Immigration Case
If your immigration application, petition, or case was denied, you may be able to ask for review through a Motion to Reopen or a Motion to Reconsider. Santana Residency Law helps clients throughout Miami and across the U.S. evaluate a denial, choose the right motion, and meet strict filing deadlines.
This page is for general information only and is not legal advice — deadlines in this area are short and unforgiving. Call Santana Residency Law at 305-916-4800 as soon as possible after a denial.
Motion to Reopen vs. Motion to Reconsider: What's the Difference?
Motion to Reopen
- Based on: New facts or evidence not available at the time of the original decision
- Reviewed by: The same USCIS office, Immigration Judge, or agency that issued the decision
- Can be combined: Yes — both may be filed together in appropriate cases
Motion to Reconsider
- Based on: Legal or factual errors in how the decision
was made, using the existing record. - Reviewed by: Same
- Can be combined: Yes
Filing Deadlines: This Is Where Cases Are Often Lost
Deadlines differ depending on where your case is:
USCIS (Form I-290B): 30 calendar days after personal service, or 33 days if mailed.
USCIS — Petition Revocation Appeals: 15 days after personal service, or 18 days if mailed.
Motion to Reconsider: Generally 30 days from the final order.
Motion to Reopen: Generally 90 days from the final order, unless an exception applies.
Missing these windows can eliminate your ability to challenge a decision, so acting quickly after any denial is critical.
What's Required to File
Immigration motions must comply with specific legal and procedural requirements, including:
Filing the correct motion type with proper supporting documentation
Using Form I-290B when applicable for USCIS decisions
Paying the required filing fee ($800 for Form I-290B) or requesting a fee waiver if eligible
Submitting legal arguments and supporting evidence with the filing
Not every decision qualifies for this kind of review; certain dismissed appeals and decisions governed by specific statutory or regulatory restrictions may be subject to limitations or entirely different review procedures. It’s important to evaluate eligibility before filing.
What Evidence Is Needed?
Motion to Reopen: Requires new facts or evidence unavailable when the original decision was issued (new documents, affidavits, medical records, country-conditions evidence, or proof of eligibility for relief).
Motion to Reconsider: Relies on evidence already in the record, paired with legal argument identifying the specific legal or factual error USCIS or the judge made.
In some cases, both motions can be filed together, allowing the reviewing authority to weigh new evidence and legal error simultaneously.
What's Required to File
Immigration motions must comply with specific legal and procedural requirements, including:
- Filing the correct motion type with proper supporting documentation
- Using Form I-290B when applicable for USCIS decisions
- Paying the required filing fee ($800 for Form I-290B) or requesting a fee waiver if eligible
- Submitting legal arguments and supporting evidence with the filing
Not every decision qualifies for this kind of review; certain dismissed appeals and decisions governed by specific statutory or regulatory restrictions may be subject to limitations or entirely different review procedures. It’s important to evaluate eligibility before filing.
What Evidence Is Needed?
Motion to Reopen: Requires new facts or evidence unavailable when the original decision was issued (new documents, affidavits, medical records, country-conditions evidence, or proof of eligibility for relief).
Motion to Reconsider: Relies on evidence already in the record, paired with legal argument identifying the specific legal or factual error USCIS or the judge made.
In some cases, both motions can be filed together, allowing the reviewing authority to weigh new evidence and legal error simultaneously.
Can You Challenge an Expedited Removal Order?
Generally, no. Expedited removal orders issued by U.S. Customs and Border Protection (CBP) aren’t typically subject to standard Motion to Reopen or Motion to Reconsider procedures used by USCIS, immigration judges, or the Board of Immigration Appeals. Depending on the circumstances, it may still be possible to ask CBP or USCIS to review, correct, or rescind the record based on legal, factual, or procedural errors.
Do you have questions about your immigration case?
(305) 916-4800
Our team is here to listen, answer your questions, and help you understand your next steps.
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How Santana Residency Law Can Help
Success on these motions depends on choosing the right strategy, meeting a short filing deadline, and presenting persuasive, well-supported legal arguments. We help evaluate your denial, identify the strongest available remedy, and prepare a complete motion built around the specific facts of your case.
For USCIS decisions filed on Form I-290B, the current filing fee is $800; some applicants may qualify for a fee waiver. Immigration court filing fees can differ and change over time, so confirm current amounts with the relevant agency before filing.
It depends on where the case is. For USCIS (Form I-290B), it's generally 30 days after the decision is served, or 33 days if mailed. In immigration court, a Motion to Reconsider is generally due within 30 days of the final order, while a Motion to Reopen is generally due within 90 days, unless an exception applies.
A Motion to Reopen needs new facts or evidence unavailable at the time of the original decision. A Motion to Reconsider relies on the existing record plus legal argument identifying a specific error. Both can sometimes be filed together.
Generally no, expedited removal orders from CBP aren't typically subject to these standard procedures. In some circumstances, it may be possible to request that CBP or USCIS review or correct the record instead.
For USCIS Form I-290B filings, check status using your receipt number at the USCIS case status page. For Immigration Court or Board of Immigration Appeals cases, use EOIR's online case information system.
Let’s talk about your immigration case
Our team can help you understand your options and the next steps based on your situation.