Motions to Reopen: Immigration Lawyer in Fort Lauderdale
Get the legal help you need to reopen an immigration legal matter.
When a litigant in a legal matter wishes to have the decision in their case reviewed, most courts, civil, criminal and other courts allow them to seek a review of the case by filing an appeal. In the immigration arena, a petitioner or an applicant who has been denied a benefit that they were seeking can file a Motion to Reopen or a Motion to Reconsider before the USCIS or the courts.
A motion to reopen is the traditional procedure that gives aliens a chance to provide new information relevant to their case to the immigration authority which originally denied their petition or application. It must be based on factual grounds and seeks a fresh review of their case and determination based on newly discovered facts or a change in the alien's circumstances since the original filing or hearing on their case.
The immigration attorneys at Guerra Saenz, PL are fully adept and experienced in immigration law including the filing and arguing of motions to reopen. It is extremely important to know the time, the exceptions, the tolling rules, and the number limitations for filing a motion to reopen. Generally a motion to reopen must be filed within 30 days from the original USCIS decision and 90 days from a decision coming from an immigration judge.
Immigration Appeals Attorney in Fort Lauderdale, FL
It is important to note that arguing a new legal distinction or argument does not equal to newly discovered facts. The motion to reopen seeks to have a new review of the petition or application because new facts have come to light since the original determination was made by the immigration officer or judge who made the determination. If new facts, which have arisen since the original determination, make the petitioner eligible for a new form of relief, they may also file a motion to reopen and submit a new application for that relief.
Thorough research and preparation are crucial to prevailing on a motion to reopen. Our attorneys are extremely well trained and have a vast amount of experience preparing, submitting and arguing motions to reopen decisions in immigration matters. Contact our offices today for an evaluation of your denial and the new facts which have come to light since the original filing or hearing. We will be happy to answer your questions and assist you in filing a motion to reopen. Call us today.