Cuevas, Garcia & Torres, P.A.
contact Our Firm Today
877-801-4135

What is a motion to reopen or reconsider a visa application?

Although some types of visa applications for people who want to come to the United States are more likely to be approved than others, there is no guarantee. However, if you have been planning to live or work in Florida, but your application was denied, you may still have options under certain circumstances. According to the U.S. Citizenship and Immigration Services, a new situation or argument may lead to the reopening or reconsideration of your visa application.

You cannot simply write a letter to the USCIS explaining your situation and requesting that the decision be reconsidered. There is a Notice of Appeal or Motion that must be filed, except regarding certain types of decisions, such as those involving asylum. Most motions also involve a fee.

If you believe that the adjudicator who originally reviewed your case did not correctly apply the appropriate laws or policies, you may be able to file a motion to have your case reconsidered in light of the legal arguments that you believe are relevant. In the event that you have new evidence or information that may change your application, you may be able to file a motion to have your case reopened. You cannot file either type of motion if someone else is filing a petition on your behalf, but the petitioner may be able to do so.

Sometimes, an application requires more information, and the officer considering it will issue a request for additional proof. If this was not supplied within the time limit, but it is not relevant to your case, you may file a motion to reopen. Likewise, if you can show that you did send it, that it was in the original documentation or that the official sent the request to the wrong address, you have the right to file a motion to reopen.

Because every case is different, there may be exceptions or other pertinent rules that apply. Therefore, this general information should not be interpreted as legal advice.

No Comments

Leave a comment
Comment Information
The Florida Bar | 1950 American Bar Association DADE County Bar Association | 1916 Orange County Bar Association Coral Gables Bar Association American Immigration Lawyer Association

Contact Us Today. Call 877-801-4135 or complete this form to schedule a consultation with our legal experts.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Offices Conveniently Located in Miami And Orlando
Google+ Facebook

Miami Dadeland Office
7300 North Kendall Drive
Suite 680
Miami, FL 33156

Toll Free: 877-801-4135
Phone: 305-461-9500
Fax: 305-448-7300
Map & Directions

Midtown Miami Office
3401 North Miami Avenue
Suite 209
Miami, FL 33127

Toll Free: 877-801-4135
Phone: 305-461-9500
Fax: 305-448-7300
Map & Directions

Orlando Office
801 North Magnolia Avenue
Suite 221
Orlando, FL 32803

Toll Free: 877-801-4135
Fax: 786-362-7127
Map & Directions

Email This Office