Who can file a motion to reopen?

 

Who can file a motion to reopen

People who wish to remain in the United States legally, but have a deportation order against them,can file a motion to reopen. The motion to reopen can only be filed when the deportation order is final. This motion gives the right to present new evidence in the case.

What is the difference between a motion and an appeal?

Appeals ask for a different authority to review the decision. For example, if the decision was made by US Citizenship and Immigration Services (USCIS), the appeal will be considered by the AAO. If instead you file a motion regarding a USCIS decision, it will be reviewed by USCIS.

What are the rules of a motion to reopen?

A motion to reopen must state new facts and be supported by documentary evidence. You can't just forward evidence you've already presented or rely on facts you've already told. In addition, certain formalities must be followed:

 Use form I-290B. The USCIS website contains the form (in English) and the instructions to fill it out.

 Limited term. Individuals must submit the motion within 30 days of the decision it is intended to rescind. The deadline is from when the decision is made.

 Shipping Address. The USCIS website lists where the motion to reopen should be submitted. If you make a mistake in the address, the motion will be returned to you and will not be taken as sent.

 Filing fee. Filing a motion to reopen costs $675. If you cannot pay, you can ask to have the filing fee waived.

 Effect on previous decision. Sending a motion does not override the previous decision. That is, if you file a motion not to be deported, USCIS can still carry out the deportation while the motion is pending.

 Oral arguments. The general rule is that motions to reopen are decided only on the basis of written evidence presented by the petitioner. However, the applicant may request oral arguments on his motion. In the following cases, a motion to reopen cannot be filed.

 Rejected appeals.

 Abandoned appeals.

What other motions can be filed?

In addition to the motion to reopen, a person may file a motion to reconsider. The motion to reconsider asks that a new decision be made because there was an incorrect application of the law. These two motions are usually filed together and using the same form. In addition, the Administrative Appeals Office (AAO) may reopen a case or reconsider its decision on its own initiative.