Immigration Motion Lawyer Chesapeake, VA
Immigration proceedings can sometimes result in unfavorable decisions, but those decisions are not always final. An immigration motion—a formal request asking an adjudicating body to take a specific action on a prior order—can open the door to reconsideration, reopening, or other relief. For residents of Chesapeake, Virginia, immigration motions are handled at the federal level by U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR) immigration courts, or the Board of Immigration Appeals (BIA). Law Offices Of SRIS, P.C. represents clients in Chesapeake and throughout Virginia in preparing and filing immigration motions. Mr. Sris and the firm’s Of Counsel attorneys bring experience to motions practice, from identifying legal errors in prior decisions to presenting newly available evidence. To discuss your immigration motion matter, contact the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Immigration Motions Mean in Chesapeake, Virginia
An immigration motion is a procedural request directed to USCIS, an immigration judge, or the BIA. Common motion types include motions to reopen (based on new facts or changed circumstances), motions to reconsider (based on a claim of legal or factual error in the prior decision), and motions to remand (for further proceedings before the immigration court). Because immigration law is exclusively federal, motions filed on behalf of Chesapeake residents are adjudicated by federal agencies, not Virginia state courts. The closest immigration court for Chesapeake removal cases is the Arlington Immigration Court, located at 1901 South Bell Street, Arlington, Virginia 22202. Affirmative applications and some motions are processed through the USCIS Washington Field Office at 2675 Prosperity Avenue, Fairfax, Virginia 22031.
Filing an immigration motion requires strict adherence to procedural rules and deadlines. For example, a motion to reopen based on new evidence generally must be filed after the final administrative decision, though certain exceptions may apply. The firm stays current with EOIR and USCIS policy changes so that motions filed for Chesapeake clients meet the applicable requirements. Whether pursuing a motion to reconsider before the BIA or a motion to reopen with the immigration court, the goal is to present a well-supported request that addresses the specific legal and factual circumstances of the prior ruling.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Immigration Motion Cases
When a Chesapeake resident asks Law Offices Of SRIS, P.C. to review a prior immigration decision, the attorney’s first step is a thorough review of the record of proceedings and the written decision. The attorney identifies whether an error of law, an abuse of discretion, or newly available evidence supports a motion. The firm then prepares the motion with supporting documentation, a legal memorandum, and any required affidavits or declarations. Motions are filed with the appropriate body—USCIS, the immigration court, or the BIA—depending on where the case currently sits.
Mr. Sris, Owner and Founder of the firm, has handled immigration matters since 1997. The firm’s Of Counsel attorneys, including professionals with prior law enforcement and prosecution backgrounds, contribute to a rigorous review of the record. While every case is different, the firm’s approach is to craft motions that give the adjudicator a clear basis to grant the requested relief. If the motion is granted, the case may be reopened for further proceedings or the prior decision may be changed. If it is denied, the firm advises on further appellate options, including appeals to the BIA or federal circuit court. Mr. Sris and the firm’s Of Counsel attorneys have documented case results across multiple practice areas since 1997. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and serves as its Owner and Founder. A former prosecutor, 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). His experience includes representing individuals in immigration proceedings, including motions practice before USCIS, the immigration court, and the BIA.
All other attorneys at the firm serve in an Of Counsel capacity. These experienced professionals work collaboratively with Mr. Sris on matters such as immigration motions. The team’s collective background—spanning former prosecution, law enforcement, and litigation—informs the firm’s approach to evaluating prior decisions and preparing motions. For Chesapeake residents, the firm’s Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 is available by appointment, and consultations can be scheduled by calling (888) 437-7747.
Frequently Asked Questions
What is an immigration motion?
An immigration motion is a formal request asking USCIS, the immigration court, or the Board of Immigration Appeals to take a specific action on a prior decision or pending case. Motions can seek to reopen a case based on new evidence, reconsider a decision based on legal error, or remand a case for further proceedings. They are governed by the Immigration and Nationality Act and federal regulations, and they require careful drafting that addresses the legal standard applicable to the specific type of motion. In Virginia, immigration motions are federal matters, not state court proceedings.
What types of immigration motions can be filed on behalf of Chesapeake residents?
Chesapeake residents may file motions to reopen, motions to reconsider, or motions to remand, depending on the procedural posture of their case. A motion to reopen is based on new facts or evidence that were not available at the time of the prior hearing. A motion to reconsider argues that the prior decision was legally or factually incorrect. Motions to remand ask a higher authority to send the case back to the immigration court for further proceedings. Chesapeake cases are typically adjudicated through the USCIS Washington Field Office or the Arlington Immigration Court, and motions must comply with the filing requirements of the appropriate venue.
How long do I have to file a motion to reopen an immigration case in Virginia?
In most cases, a motion to reopen must be filed after the final administrative decision, though exceptions may apply for changed country conditions or other special circumstances. The deadline is strict, and failing to meet it can result in denial. Motions to reconsider generally must be filed within a limited period. However, certain humanitarian exceptions or statutory provisions may extend these deadlines. Because the timelines are complex and depend on the specific facts of the case, an attorney can evaluate whether an exception applies to a particular Chesapeake matter.
Can a motion to reconsider be filed if new evidence is discovered after an immigration decision?
Generally, a motion to reconsider is appropriate when the argument is that the immigration judge or agency made an error of law or fact based on the evidence already in the record at the time of the decision. If new evidence has come to light, a motion to reopen is typically the correct procedural vehicle. A motion to reopen must be supported by previously unavailable evidence that would likely change the outcome. In some cases, a combined motion may be filed when both legal error and new evidence are present. For Chesapeake residents, the firm reviews the record to determine which type of motion is most suited to the circumstances.
What happens after an immigration motion is filed in Chesapeake?
After filing, the adjudicating body (USCIS, the immigration court, or the BIA) reviews the motion and any response from the opposing party, then issues a decision. The timeline varies depending on the body’s caseload and the complexity of the issues. If the motion is granted, the case may be reopened for further proceedings or the prior order may be vacated. If denied, further appellate options may be available, including an appeal to the BIA or a petition for review in federal circuit court. The firm advises Chesapeake clients on the status of their motions throughout the process.
Does Law Offices Of SRIS, P.C. handle immigration motions for people in Chesapeake?
Yes, the firm represents Chesapeake residents in immigration motion matters, including motions to reopen, reconsider, and remand before USCIS, the immigration court, and the BIA. Mr. Sris and the firm’s Of Counsel attorneys have experience with federal immigration procedure and can assist with drafting and filing the motion. The firm’s Richmond location serves Chesapeake clients; meetings are by appointment. Six total documented case results across all practice areas include favorable outcomes in all reported instances. Results may vary. To discuss an immigration motion matter, call (888) 437-7747.
For additional immigration resources in the region, see our pages for Fairfax County immigration lawyer, Prince William County immigration lawyer, and Manassas immigration lawyer.
For official federal immigration information, visit the U.S. Department of Justice Executive Office for Immigration Review (EOIR) and U.S. Citizenship and Immigration Services (USCIS).
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.