Immigration Court: Motions to Reopen
- Any decision made by an immigration judge can be reopened or reconsidered if a motion is made by either the foreign national (or their petitioner), the government agency, the judge, or the Board of Immigration Appeals.
- A motion to reopen the case is appropriate when there are new facts relevant to the case. These motions must be filed within 90 days of the original decision.
- A motion to reconsider the case is appropriate when the judge’s or board’s decision is thought to be in error. These motions must be filed within 30 days of the original decision.
- These motions can no longer be made to the judge once the decision has been appealed to the Board of Immigration Appeals,but can be made to the BIA under the same rules and deadlines.
There are two exceptions to the 30 and 90 day deadlines. Where an immigration judge made a removal order without the person because they failed to appear either because they did not have adequate notice or due to exceptional circumstances. The second exception applies where a person’s prior attorney failed to provide ompetent representation.
Our Services
If you are considering filing an H1B visa petition for the international staffing of your own business, contact us for a free consultation to discuss your needs and how we can assist you in the process. Our attorneys are experienced in dealing with unique business situations, and have represented many clients in successfully obtaining employment visas for hiring foreign national.
We can advise you with recommendations for your global hiring plans based on the latest immigration regulations, and will take into account any special factors that may apply to your industry or involvement with international trade. With three offices in California and Oregon in the western United States, we are happy to meet with you in person or discuss your employment immigration needs by phone.
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