Motion to Reconsider Lawyer York County, VA

Last reviewed: June 2026

A motion to reconsider is a procedural request in immigration law that asks an agency—such as U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR)—to review a previous decision based on an error of law, an error of fact, or new evidence that was not available at the time of the original ruling. For individuals living in York County, Virginia, an unfavorable immigration determination can create uncertainty and stress, but a well‑prepared motion to reconsider can provide a path to revisit the outcome and advocate for a different result. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team represent York County residents in immigration matters, including motions to reconsider, from the firm’s Richmond Location. Because immigration law is exclusively federal, the location of the deciding agency—not the client’s home county—determines where the motion is filed and adjudicated. For York County residents, that most often means the USCIS Washington District Office in Fairfax or the Arlington Immigration Court. Mr. Sris and his Of Counsel understand how to navigate these federal forums and craft motions that address the specific legal or factual deficiencies in a prior denial. To discuss how a motion to reconsider might apply to your case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What a Motion to Reconsider Means for York County Residents

Because immigration cases are governed by federal law, the procedural framework for a motion to reconsider is the same for a person in York County as it is for someone in any other part of the country. That said, where a person lives does affect which USCIS office or immigration court will handle the matter. For York County, which lies in Virginia’s Ninth Judicial District, affirmative applications—such as green card petitions, naturalization, and work permits—are processed at the USCIS Washington District Office at 2675 Prosperity Avenue in Fairfax. Removal proceedings, on the other hand, are heard at the Arlington Immigration Court at 1901 South Bell Street in Arlington, or, depending on the type of proceeding, at the Sterling Immigration Court.

When a person files a motion to reconsider, they must demonstrate that the original decision was based on an incorrect application of law or policy, that the decision-maker misapprehended the facts, or that there is new, material evidence that was unavailable when the case was originally decided. The motion must be filed within a timeframe established by the governing regulations—generally 30 days from the date of the decision for immigration court matters, though the exact deadline can vary. The motion should include a detailed legal memorandum, supporting affidavits or documentation, and a clear statement of the relief sought. For York County residents, working with an attorney who is familiar with the expectations of the Arlington Immigration Court, the Sterling Immigration Court, and the USCIS Washington District Office can help ensure the motion is presented in a way that is responsive to each forum’s procedural standards.

Motions to reconsider are not a second bite at the same apple; they are focused on correcting a discrete error or oversight. Because immigration decisions can have profound consequences—including removal from the United States, separation from family, or loss of lawful permanent resident status—filing a motion to reconsider is a serious step that benefits from careful legal analysis and precise drafting.

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

When a client retains Law Offices Of SRIS, P.C. for a motion to reconsider, the firm’s approach begins with a thorough review of the prior decision and the administrative record. Mr. Sris and his Of Counsel team examine the original application, the supporting evidence that was submitted, any correspondence from the adjudicating officer or immigration judge, and the specific reasons given for the denial or adverse ruling. This review is aimed at identifying legal errors—such as a misapplication of the Immigration and Nationality Act or a failure to consider relevant evidence—as well as factual oversights that could support reconsideration.

Once a viable ground for reconsideration is identified, the firm drafts a motion that sets out the error clearly and concisely, supported by citations to the applicable statutes, regulations, and case law. The motion is accompanied by any new evidence that bolsters the request, together with an explanation of why that evidence could not have been presented earlier. Mr. Sris, a former prosecutor, brings a background focused on clear argumentation and attention to procedural detail—skills that are directly transferable to preparing persuasive motions before immigration agencies. The Of Counsel team includes an attorney with a distinguished background as a former Virginia State Trooper, which provides additional insight into the way enforcement records and factual findings are generated, often proving valuable when challenging a decision that relied on those records.

Throughout the process, the firm keeps the client informed and responds to any requests for additional information from USCIS or the immigration court. Mr. Sris and his Of Counsel work to achieve a favorable outcome on each motion, understanding that a successful reconsideration can reopen the door to permanent residence, citizenship, or relief from removal. Because every case is different, Results may vary.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing law since 1997. He is admitted to the bar in Virginia, Maryland, the District of Columbia, New Jersey, and New York, giving the firm the ability to assist clients across five jurisdictions. Before founding the firm, Mr. Sris served as a former prosecutor, an experience that provided him with valuable trial and advocacy skills that he brings to every immigration matter. His commitment to the law is also reflected in his legislative testimony: Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

In addition to Mr. Sris’s leadership, the firm’s immigration practice is supported by a team of Of Counsel attorneys who provide additional depth and varied perspectives. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. Every Of Counsel attorney is upheld to the same professional standards and works collaboratively with Mr. Sris to give each client’s case the thorough attention it deserves. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

Frequently Asked Questions

What is a motion to reconsider in immigration law?

A motion to reconsider is a formal request asking USCIS or an immigration judge to review and reverse a prior decision because of an error of law, an error of fact, or a misapplication of the law to the facts. It is not a re‑argument of the entire case; it must point to a specific mistake in the original ruling. The motion is filed with the same office or court that issued the adverse decision and must be accompanied by a legal brief and any new supporting evidence. If granted, the earlier denial can be reopened and corrected.

Do I need a lawyer to file a motion to reconsider with USCIS?

You are not legally required to hire a lawyer to file a motion to reconsider, but doing so is strongly recommended because the motion must be legally precise and procedurally compliant. An attorney can identify the specific error in the prior decision, research the applicable statutes and regulations, and draft a persuasive motion. Procedural mistakes—such as missing a filing deadline or failing to include required documentation—can result in dismissal. For York County residents, working with an experienced immigration attorney helps ensure the motion is tailored to the forum where it will be decided.

Where are immigration motions to reconsider filed for York County residents?

For York County residents, motions to reconsider are filed with the same federal agency that issued the original decision. If the adverse ruling came from USCIS, the motion is sent to the USCIS Washington District Office in Fairfax. If the ruling was made by an immigration judge, the motion is filed with the Arlington Immigration Court or, in certain cases, the Sterling Immigration Court. Mr. Sris and his Of Counsel handle motions before all three venues.

How long does the motion to reconsider process take?

The timeline for a motion to reconsider varies depending on the adjudicating body, the complexity of the case, and current agency backlogs. USCIS and the immigration courts do not publish fixed processing times for motions, and there is no statutory deadline for a decision. Generally, the process may take several months or longer. An attorney can help manage expectations and pursue case-status inquiries when appropriate.

Can a denied motion to reconsider be appealed?

Yes, a denial of a motion to reconsider can often be appealed to a higher administrative body, such as the Board of Immigration Appeals (BIA) or, in some cases, a federal circuit court. The appeal must be filed within a strict timeframe—typically 30 days for BIA appeals—and must show that the denial was erroneous. An experienced immigration lawyer can evaluate whether an appeal is available and the likelihood of success on review.

What should I do if my immigration application is denied?

If your immigration application is denied, you should promptly review the denial notice with an attorney to determine whether a motion to reconsider, a motion to reopen, or an appeal is the appropriate next step. The notice will state the reason for the denial and the deadline for any challenge. Missing that deadline can result in the loss of the right to seek further review. For York County residents, contacting Law Offices Of SRIS, P.C. as soon as possible after receiving a denial can help preserve all available legal options. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

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