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

On Behalf of | Jun 3, 2016 | U.s. Immigration Law |

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.


FindLaw Network