A denial from U.S. Citizenship and Immigration Services (USCIS) does not necessarily conclude an immigration matter. In certain circumstances, applicants may seek review of an unfavorable decision by filing a Motion to Reopen or Motion to Reconsider (MTR).

These motions are governed by strict regulatory and procedural requirements and must be approached with a clear legal strategy. Selecting the correct form of relief and supporting it appropriately can be determinative of success.

Legal Framework for Motions

Motions to reopen and reconsider are governed by 8 C.F.R. § 103.5 and interpreted through Administrative Appeals Office (AAO) guidance.

Unlike appeals, which are reviewed by a higher authority, motions are filed with—and adjudicated by—the same office that issued the underlying decision, whether a USCIS service center, field office, or the AAO.

A motion to reopen is based on new facts supported by documentary evidence, while a motion to reconsider must establish that the prior decision involved an incorrect application of law or policy based on the existing record.

Motion to Reopen

 A motion to reopen is appropriate where new, material facts exist that were not previously available.

Requirements

• Must present new facts
• Must be supported by documentary evidence
• Cannot rely on previously submitted evidence or arguments

Resubmitting the same record or reasserting prior claims will not satisfy the requirements of a motion to reopen.

Strategic Use

A motion to reopen may be appropriate when:

• New documentation becomes available after the decision
• Relevant evidence was omitted from the original filing
• There has been a material change in circumstances

Motion to Reconsider

A motion to reconsider challenges the legal or factual correctness of the decision.

Requirements

• Must demonstrate that USCIS misapplied law or policy
• Must rely on the record as it existed at the time of adjudication
• Must be supported by relevant legal authority, including statutes, regulations, or precedent decisions

New evidence is generally not considered in a motion to reconsider.

Strategic Use

A motion to reconsider may be appropriate where:

• The adjudicator applied an incorrect legal standard
• Evidence in the record was misinterpreted or overlooked
• The decision is inconsistent with governing law or policyCombined Motions

Applicants may file a combined motion to reopen and reconsider, in which USCIS evaluates each component independently and may grant one, both, or neither based on the merits presented.

Filing Requirements and Procedural Considerations

Motions must comply with specific procedural rules:

• Filed using Form I-290B, Notice of Appeal or Motion
• Must be submitted by a party with legal standing (typically the petitioner, not the beneficiary)
• Must be filed within 30 days of the decision (33 days if mailed)
• Must include the required filing fee or fee waiver request
• Supporting brief and evidence must be submitted at the time of filing

Importantly, motions must be filed at the correct USCIS address, and not directly with the AAO.

Limitations on Motions

Not all decisions are subject to review through an MTR.

For example:

• Motions cannot be used to challenge rejected appeals, as there is no merits-based decision to review
• Motions to reopen dismissed appeals due to abandonment must meet specific criteria demonstrating error
• Certain statutory programs are not subject to motion-based review

These limitations must be evaluated before proceeding.

Effect of Filing a Motion

Filing a motion does not automatically suspend or delay the consequences of a USCIS decision. Unless specifically directed by USCIS, the filing of an MTR does not stay the execution of the decision or extend any applicable deadlines.

Strategic Considerations

An MTR should be filed only after careful analysis of the denial.

Applicants should assess:

• Whether new material evidence exists
• Whether the denial reflects a clear legal or factual error
• Whether refiling a stronger petition may be more effective
• Whether an appeal provides a more appropriate procedural path

In some cases, a new filing with improved evidence may yield better results than pursuing a motion.

Conclusion

Motions to reopen and reconsider provide a structured mechanism to challenge USCIS decisions, but they are not a substitute for a well-prepared initial filing.

Success depends on selecting the correct type of motion, complying with procedural requirements, and presenting a clear, legally grounded argument supported by appropriate evidence.

If you have received a USCIS denial and are evaluating your options, contact our office for strategic guidance and professional drafting tailored to your case.

Disclaimer: This article provides general information and is not legal advice. Immigration laws and requirements change frequently. Consult a qualified attorney for advice tailored to your circumstances.