How to File a Motion to Reopen Your Immigration Case

Navigating the complexities of U.S. immigration law can often feel like a daunting task, especially when your case has been denied or dismissed. However, all hope is not lost. You may have the option to file a Motion to Reopen your immigration case. This legal remedy offers you a second chance to present your case with new evidence or correct errors that might have led to the unfavorable decision.

In this blog post, we'll explore the ins and outs of filing a Motion to Reopen, including the legal framework, eligibility criteria, and practical steps to take. Whether you're dealing with a visa denial, deportation order, or adjustment of status rejection, understanding this process can be crucial for your immigration journey.

What is a Motion to Reopen?

A Motion to Reopen is a formal request to the U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR) to review a decision on an immigration case. Unlike an appeal, which argues that the original decision was incorrect based on existing evidence, a Motion to Reopen introduces new evidence or facts that could potentially change the outcome.

Legal Background

The legal foundation for Motions to Reopen is found in several key sources:

Immigration and Nationality Act (INA) Section 240(c)(7): This section provides the statutory basis for filing a Motion to Reopen, outlining the general requirements and restrictions.
8 CFR § 103.5: This regulation specifies the procedural requirements for filing a Motion to Reopen with USCIS, including time limits and content requirements.
USCIS Policy Manual, Chapter 10: The manual offers detailed guidance on how USCIS processes these motions, including criteria for acceptance and evaluation.

Recent updates in 2025 have emphasized the importance of submitting comprehensive and well-documented motions to increase the chances of success. USCIS has also streamlined some processes to address backlog concerns, aiming to provide more timely responses.

How Do I Know If I Am Eligible to File a Motion to Reopen?

Before filing, it's essential to determine your eligibility. Here are the primary criteria:

New Evidence: You must present new, previously unavailable evidence that could materially affect the outcome of your case.
Timeliness: Typically, you must file the motion within 90 days of the original decision. Exceptions may apply in certain circumstances, such as fraud or exceptional circumstances.
Jurisdiction: Ensure that your motion is filed with the correct agency—USCIS or EOIR—depending on where the initial decision was made.
No Prior Abuse: You must not have abused the motion process in the past, such as by filing multiple frivolous motions.

If you meet these criteria, a Motion to Reopen could be a viable option for reconsideration of your case.

What is the Process for Filing a Motion to Reopen?

Filing a Motion to Reopen involves several critical steps. Here's a step-by-step guide to help you navigate the process:

Step 1: Gather New Evidence

Compile any new evidence that was not previously available at the time of your original case decision. This could include:

Updated financial documents
New affidavits or witness statements
Medical records or other relevant documentation

Step 2: Prepare Your Motion

Your motion should include:

Form I-290B: For USCIS cases, use this form to file your motion. Ensure it's the latest version by checking the USCIS forms page.
Detailed Explanation: Clearly explain why the new evidence is significant and how it affects the decision.
Supporting Documentation: Attach all relevant documents and evidence to support your claims.

Step 3: Submit Your Motion

To USCIS: If your original case was decided by USCIS, submit your motion to the appropriate USCIS Service Center. Use the current USCIS fee schedule to determine the correct filing fee.
To EOIR: If your case was decided by an immigration judge, file your motion with the relevant immigration court. Follow EOIR's specific procedures and fee requirements.

Step 4: Await a Decision

After submission, USCIS or EOIR will review your motion. You can check the processing times on the USCIS website or EOIR's portal to get an estimate of how long it will take.

What Are Common Challenges and Considerations?

When pursuing a Motion to Reopen, be aware of potential challenges:

Strict Deadlines: Missing the 90-day filing deadline can jeopardize your chances. However, exceptions exist for cases involving fraud or changed country conditions.
Burden of Proof: You must convincingly demonstrate that the new evidence could change the case outcome.
Legal Complexity: Immigration law is complex, and any errors could weaken your motion. Consider consulting with an experienced immigration attorney to strengthen your case.

Practical Tips and Recommendations

To enhance your chances of success, follow these practical tips:

Stay Informed: Regularly check for updates on USCIS and EOIR websites. Policies and procedures can change, impacting your case.
Document Everything: Keep detailed records of all correspondence, evidence, and filings related to your case.
Seek Legal Assistance: An immigration attorney can provide invaluable help in drafting a compelling motion and ensuring compliance with all legal requirements.

What Are the Next Steps?

If you're considering filing a Motion to Reopen, here are your immediate next steps:

Evaluate Your Case: Determine if you have new, admissible evidence and meet the eligibility criteria.
Consult an Attorney: Before filing, discuss your case with an immigration attorney to ensure you're taking the right approach.
Prepare and File: Gather your evidence, complete Form I-290B, and submit your motion with the appropriate agency.

By understanding the Motion to Reopen process and taking informed steps, you can significantly improve your chances of achieving a favorable outcome in your immigration case. Remember, acting promptly and strategically is key to navigating this complex legal remedy effectively.

About This Post

This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1q4scng/motion_to_reopen/

Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.

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This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

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How to File a Motion to Reopen Your Immigration Case