In the complicated landscape of immigration law, individuals facing deportation or seeking to reopen a previously closed case may rely on a motion to reopen, which can serve as a lifeline for those attempting to obtain legal immigration status in the United States. A motion to reopen provides an opportunity for individuals to present new evidence, address changed circumstances, or correct legal errors in their immigration cases. A Duluth immigration lawyer at Barrios Virguez can review your immigration case and determine whether a motion to reopen may be possible for you.
Understanding the Basics of a Motion to Reopen
A motion to reopen is a formal request submitted to the United States Citizenship and Immigration Services (USCIS) to reconsider a previously adjudicated immigration case. In other words, it is a request to the immigration court to reopen proceedings after a judge has rendered a decision so they can consider new facts or evidence. The difference between a motion to reopen and an appeal is that the party who issued the most recent decision in your proceeding reviews a motion to reopen, while a separate authority reviews an appeal.
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Reasons for Filing a Motion to Reopen
Consulting with our experienced immigration attorneys in Duluth is the best way to determine whether you can file a motion to reopen. There are several reasons why you or your legal counsel might file a motion to reopen. The primary reasons you might consider filing a motion to reopen your Georgia immigration case include:
Newly Discovered Evidence
If you have discovered significant new evidence unavailable when your case was closed, you may be able to present it to the USCIS or immigration court. This evidence must be material and relevant to the issues in your case, potentially strengthening it. Examples of new evidence could include:
- Documents supporting your eligibility for an immigration benefit you were not previously aware of, such as qualification for a different visa category.
- Medical records that demonstrate a changed circumstance relevant to your case, such as a worsening health condition that improves your asylum claim.
- Affidavits or testimony from witnesses who were not previously identified and can support your claims.
Change in Circumstances
Sometimes, your situation may change significantly after your case is closed, warranting reconsideration by the USCIS or immigration court. These changes could make you eligible for a benefit for which you were previously ineligible or strengthen your case for relief. Examples of changes in circumstances include:
- Marriage to a U.S. citizen: If you were previously denied permanent residency but have since married a U.S. citizen, you may be eligible to reopen your case and pursue a green card through marriage.
- Changed country conditions: If you were denied asylum based on the conditions in your home country, but those conditions have worsened significantly, you may be able to reopen your case and present evidence of the increased danger you face.
- New legal precedent: You may be able to reopen your case based on a new legal precedent if an immigration law passes or a relevant court decision is issued that impacts your case.
Legal Errors
If the USCIS or immigration court made errors of law or procedure during the initial decision of your case that affected its outcome, a motion to reopen may be filed to request the agency correct these errors. Our Duluth immigration attorneys are knowledgeable regarding immigration law and proper procedures. As such, we can determine whether the USCIS made an error and file a motion to reopen your case if necessary.
Administrative Closure
Immigration cases may be administratively closed by the USCIS or immigration court for various reasons. An administrative closure allows the removal of a case from the immigration judge’s calendar but does not result in a final order. You may file a motion to reopen to request the appropriate authority reopen the administratively closed case for further adjudication.
Important Considerations Before Filing a Motion to Reopen
While a motion to reopen can offer hope for a previously closed case, it is essential to understand that challenges are involved. Our immigration lawyers in Duluth can review these challenges with you before filing your motion to reopen. You must consider the following challenges before filing a motion to reopen:
- Time limits: Generally, you must file a motion to reopen within 90 days of the original immigration court decision. There are some exceptions, such as situations wherein you can demonstrate that the new evidence could not have been discovered within that timeframe.
- The burden of proof: You have the burden of proof to demonstrate a compelling reason to revisit the case. You must convince the immigration judge that the new evidence is significant and could potentially change the outcome, which requires strong evidence and a well-crafted legal argument.
- Legal complexity: Immigration law is intricate, and the process for filing a motion to reopen involves specific procedures and legal requirements. Consulting with an experienced Georgia immigration attorney is highly recommended to ensure your motion is filed correctly and supported by strong legal arguments.
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The Motion to Reopen Process
Our team of immigration lawyers is familiar with the process of filing a motion to reopen. We will keep you informed throughout the process. Generally, the steps involved in filing a motion to reopen include:
- Consulting with an immigration lawyer in Duluth
- Gathering evidence to support your motion to reopen
- Drafting and filing the motion to reopen
- Waiting for the USCIS to respond to your motion to reopen
- Preparing a rebuttal to the USCIS’s arguments
- Obtaining a decision from the immigration judge on whether to grant or deny your motion to reopen
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Let Barrios Virguez Help You with Your Immigration Case
In the ever-changing landscape of immigration law, a motion to reopen serves as a crucial legal tool for individuals seeking relief from deportation or to address errors or changes in their immigration cases. Understanding the intricacies of this process and working with experienced legal counsel from Barrios Virguez can significantly impact the outcome of immigration proceedings in Georgia. If you are considering filing a motion to reopen your immigration case, contact us as soon as possible so we can help you navigate the complexities of the immigration system.
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