Motion to Reconsider/Reopen Denied Immigration Applications | Scott Mossman, Immigration Attorney/Lawyer

The Law Office of
Scott A. Mossman

The Law Office of
Scott A. Mossman 1611 Telegraph Ave
Suite 1100
Oakland CA 94612

Tel: (510) 835-1115
Fax: (510) 835-1116

Motions to Reconsider, Motions to Reopen, and Other Options

The law does not provide for administrative appeal to a higher authority in some types of immigration cases, but that does not mean that you must accept an erroneous decision. Usually, you have the right to ask USCIS to reconsider a decision it has made. You obtain this type of review by filing a motion to reconsider. Alternatively, you may be able to submit new evidence to USCIS if that evidence would make a difference in your case. To submit new evidence, you file a motion to reopen (MTR).

There are deadlines for filing motions to reconsider or to reopen, which are strictly enforced unless you can show the delay was reasonable and beyond your control. So, you should talk to a lawyer immediately upon receiving a negative decision. The motion is filed with the USCIS office that made the decision. A Form I-290-B must be used, even though that form was originally designed for appeals to the Administrative Appeals Office. Further, the motion requires payment of a filing fee of $385, as of January 11, 2007. (However, you should check with a lawyer or USCIS to insure that all of this information is up-to-date before you file.)

If a motion to reconsider or reopen the denial is unsuccessful or if it would be a waste of time, another option is to file an action against the government (to sue them) in the local U.S. District Court. This type of lawsuit usually seeks review of the decision under the Administrative Procedures Act. A federal judge will then decide whether the decision was correct, although some immigration decisions are immune from this type of review. I have filed these types of cases before and can help you do the same.

Request a Case Evaluation

Scott Mossman's practice is limited to federal immigration law, with an emphasis on removal (deportation) defense, appeals, and federal court litigation. In removal cases, he only represents persons within the Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, the Mariana Islands, Montana, Nevada, Oregon, and Washington) and usually only if the hearing will occur, or has occurred, in the San Francisco Immigration Court. That Court has jurisdiction over San Francisco, Oakland, San Jose, Sacramento, and the rest of Northern California from Redding to Bakersfield. Scott Mossman represents persons on appeal to the BIA and Administrative Appeals Office (AAO) in USCIS petition and waiver cases arising throughout the world.

Scott Mossman is a licensed attorney and active member of the State Bar of California.