Motion to Reconsider Lawyer James City County, VA

Reviewed by Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: June 2026

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What Immigration Law Means in James City County

Immigration law is exclusively federal, but for residents of James City County, the practical reality involves specific federal adjudication centers and immigration courts. When a James City County resident files an application for a green card, naturalization, or other immigration benefit, the case is processed at the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax, Virginia. If the application is denied and the matter proceeds to removal proceedings, the case is heard at the Arlington Immigration Court, located at 1901 South Bell Street in Arlington. The firm’s Richmond location is a short drive along I‑64 and serves clients throughout the Williamsburg, Norge, Toano, and Lightfoot communities. Law Offices Of SRIS, P.C. Concentrates its practice on guiding individuals through the complexities of the immigration system, including motions to reconsider adverse decisions. For questions about your immigration matter, reach our Richmond location at (888) 437-7747.

Understanding the Motion to Reconsider in Immigration Proceedings

A motion to reconsider is a formal request asking USCIS, the Immigration Court, or the Board of Immigration Appeals to review a prior adverse decision based on an error of law or fact. This procedural tool is not an appeal—it asks the same adjudicative body that issued the denial to reexamine its decision. Common grounds include a misapplication of the relevant statute, a failure to consider certain evidence, or a change in the law that occurred after the original decision. The motion must be filed within the time limits set by federal regulation; Mr. Sris and his Of Counsel work closely with clients to identify viable grounds and assemble the supporting documentation and legal arguments required for a well-grounded motion. Because these filings are subject to strict procedural requirements, legal guidance is strongly advisable.

The following verified statutory definitions anchor the firm’s approach to immigration motions:

The Immigration and Nationality Act, codified at 8 U.S.C. § 1101, establishes the foundational definitions for all immigration proceedings, including the standards for “admission,” “lawful permanent resident,” and “noncitizen.”

Source: Immigration and Nationality Act (8 U.S.C. § 1101). 8 U.S.C. § 1101

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

Removal proceedings are initiated by a Notice to Appear under 8 U.S.C. § 1229, which must specify the nature of the proceedings, the allegations, and the time and place of the hearing.

Source: 8 U.S.C. § 1229. 8 U.S.C. § 1229

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

How Mr. Sris and His Of Counsel Handle Motion to Reconsider Cases

When a client comes to Law Offices Of SRIS, P.C. with a denied immigration application or an unfavorable decision, the first step is a careful evaluation of the denial notice and the administrative record. Mr. Sris and his Of Counsel identify whether the decision contains a clear legal error—such as an incorrect interpretation of the Immigration and Nationality Act—or whether the adjudicator overlooked material evidence. The team then determines whether a motion to reconsider is the most effective remedy, or whether a motion to reopen, an appeal to the Administrative Appeals Office, or a new application is the better path. Because immigration motions carry specific filing deadlines and evidentiary standards, the firm moves promptly to preserve all rights.

The firm’s approach emphasizes meticulous documentation and thorough legal research. Mr. Sris and his Of Counsel draft motions that clearly articulate the basis for reconsideration, citing the controlling statutes and regulations. Supporting evidence—affidavits, expert reports, and certified records—is gathered and organized to address the specific deficiencies noted in the denial. Once filed, the firm monitors the case status and responds to any requests for additional evidence. Throughout the process, clients receive clear, practical communication about what to expect and the realistic prospects of the motion. Mr. Sris and his Of Counsel bring extensive combined legal experience to each immigration matter. Results may vary.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The Of Counsel attorneys who support immigration matters are engaged through Excella and contribute broad experience in federal administrative practice and litigation. The team works collaboratively on each motion to reconsider, leveraging combined knowledge of immigration statutes, USCIS adjudication trends, and immigration court procedure.

For immigration clients in James City County, the firm’s Richmond location provides a convenient point of contact. Appointments are available by calling (888) 437-7747.

Frequently Asked Questions

What is a motion to reconsider in immigration?

A motion to reconsider is a request for the original adjudicator—USCIS, the Immigration Court, or the Board of Immigration Appeals—to review a prior adverse decision based on an error of law or fact. It differs from an appeal, which asks a higher authority to review the decision. The motion must identify the specific error and explain why the decision should be reversed. Filing deadlines are set by federal regulation, so it is important to act promptly.

What are common grounds for a motion to reconsider?

Common grounds include a misapplication of the applicable statute, a failure to consider relevant evidence, or a change in the law that affects the legal analysis. If the adjudicator incorrectly interpreted the Immigration and Nationality Act or overlooked a key piece of documentary evidence, a motion to reconsider may be appropriate. The motion must be supported by a detailed legal memorandum that explains the error and the correct legal standard.

How long does it take to get a decision on a motion to reconsider?

The processing time for a motion to reconsider varies based on the adjudicating body and the complexity of the case. USCIS motions to reconsider can take several months to over a year. Immigration Court motions are subject to the court’s docket, which is affected by the ongoing backlog at the Arlington Immigration Court. The firm monitors the status regularly and provides updates as the case progresses.

Can I file a motion to reconsider if my application was denied?

Yes, a motion to reconsider can be filed after an adverse decision, but it must be filed within the regulatory deadline and must demonstrate a legal or factual error in the original decision. Merely disagreeing with the outcome is not sufficient; the motion must point to a specific mistake. Mr. Sris and his Of Counsel review the denial notice and the administrative record to determine whether a viable basis for reconsideration exists.

How much are the USCIS filing fees for a motion to reconsider?

USCIS charges a fee for motions to reconsider, which must be paid at the time of filing. Fee amounts are set by USCIS and are subject to change. For example, the current fee for Form I-290B (Notice of Appeal or Motion) is $675. Fee waivers may be available for income-eligible applicants on Form I-912. Contact our firm for the most current fee information and to discuss your eligibility for a waiver.

How can a lawyer help with a motion to reconsider in James City County?

An experienced immigration attorney can evaluate the legal basis for the motion, gather the required evidence, draft the legal memorandum, and ensure that all filing requirements are met. Because many immigration motions are denied for procedural defects, having a lawyer handle the filing reduces the risk of dismissal on technical grounds. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

For more in-depth coverage of immigration topics, visit our firm’s Virginia Immigration Lawyer pillar page.

Additional offices serving neighboring communities:

For information on Virginia court procedures: Virginia Judicial System | Williamsburg/James City County GDC

Attorney advertising. Prior results do not guarantee a similar outcome.

Results may vary.

Case results depend on a variety of factors unique to each case.