Motion to Reopen/Reconsider at USCIS

What Can I do if my application or petition I -130 with the United States Citizenship and Immigration Services (USCIS) is refused?  You can either file a new petition, appeal, file a motion to reconsider the decision or file a motion to reopen the denied petition.

My application to USCIS is refused what should I do?

  1. You may file a new petition
  2. Appeal USCIS decision
  3. File a motion to Reopen the petition which was denied
  4. File a motion to reconsider the petition which was denied.

Depending on the circumstances of the case, the two motions (motion to reopen/motion to reconsider) can be filed separately or together.

Motion to reopen:

A motion to reopen must state the new facts to be provided in the reopened proceeding and be supported by affidavits or other documentary evidence.

Motion to reconsider:

 A motion to reconsider must state the new facts to be provided in the reopened proceeding and be supported by affidavits or other documentary evidence. A motion to Reconsider must state the reasons for reconsideration and be supported by any relevant precedent  (case law) decisions to establish that the decision was based on an incorrect application of law or Service (USCIS) policy.

How to file for motion and timeline to file:

The motion to reopen or motion to reconsider must be filed on Form I-129B, Notice of Appeal or Motion, within thirty (3) days of the date of this notice (33 days if the notice of refusal is received by mail). However, USCIS may, in its discretion, excuse an untimely filing if you can demonstrate that the delay was reasonable and beyond your control.

How to file:

To file for a motion to reopen or a motion to reconsider, you must mail Form I-290B, along with the appropriate filing fee and other documentation in support of the motion, to the correct address.

Appeal:

If you disagree with the USCIS decision, you may appeal the decision to the Board of Immigration Appeals (BIA). The BIA will only review the evidence that USIS considered when it issued this decision; it will not consider new or additional evidence submitted on appeal. However, USCIS will review all evidence submitted on appeal before forwarding the entire record to the BIA. If USCIS finds that you have established eligibility, your petition may be reopened and approved pursuant to 8CFR 103.5(a)(8).

How I can file for an appeal:

Complete Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a USCIS Officer. Although the appeal will be decided by the BIA, you must sent the Form EOIR-29, supporting documentation, and the appropriate filing fee.

By filing a Motion to Reopen or Reconsider, applicants have an opportunity to correct a spousal sponsorship refusal and potentially gain approval for their green card application.

While a spousal sponsorship refusal is difficult, there are legal avenues available for reconsideration or reopening of your case. Whether you are presenting new facts through a motion to reopen or challenging the application of the law through a motion to reconsider, it is essential to adhere to deadlines and submit a thorough, well-supported argument. Legal guidance can be crucial in ensuring that your request is properly prepared and increases your chances of success.

We are an experienced U.S. immigration team based in Vancouver, BC, with over 30 years of collective experience. Our team consists of a Canadian immigration lawyer, a U.S. immigration lawyer, a U.S. paralegal, and a Canadian immigration consultant. If you want to sponsor your spouse to the U.S. or your I-130 has been denied, contact us today. We can walk you through the appeal process and help you navigate the complexities of U.S. immigration law to give your case the best possible chance to submit it.

YA Law Corporation

504-938 Howe Street
Vancouver, BC V6Z 1N9
Tel: 604.620.9598 | Fax: 604.620.9597
Email: info@yalaw.ca