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What is a motion to reopen a case?

On Behalf of | Mar 29, 2023 | Immigration

It is understandable if a decision by U.S. Citizenship and Immigration Services to deny your application makes you fear that you have lost your chance to immigrate to the United States. However, it is possible to appeal a negative decision against you.

There are a variety of options to appeal an immigration case. One way is to submit a motion to reopen your case.

The basis to reopen your case

To submit a motion to reopen, you must do so because new facts have come to light that could influence a U.S. immigration agency to make a new decision in your favor. In other words, these are facts you did not submit with your initial application.

These new facts must be important to your case. When you submit your motion, you will have to describe the new facts and support them with evidence. You might possess documents or affidavits which can boost the validity of your new claims.

Reopening your case after abandonment

A motion to reopen can also help you if the USCIS has denied your application due to your failure to provide requested evidence. You may show that the evidence was not relevant to your case. Alternatively, you might have complied by submitting the evidence with your petition, or the evidence request simply did not get to you in time.

Even if you cannot reopen your case because of new evidence, keep in mind that other ways to appeal an immigration decision exist, such as a motion to reconsider. This allows you to appeal because the USCIS or another agency incorrectly applied the law. Examine your case carefully for a possible way to seek a favorable decision.