Immigration Application Denied: Filing a Motion to Reconsider and a Motion to Reopen with USCIS

After your immigration application is denied by U.S. Citizenship and Immigration Services (USCIS), disappointment is certainly understandable, but it does not mean the matter is over. You still have the opportunity to request that USCIS review your case again through two procedures: a Motion to Reconsider and a Motion to Reopen. Although these two procedures have similar names, they apply to very different situations and have distinct requirements.

I. Motion to Reconsider: Based on Errors of Law or Fact

A Motion to Reconsider is a request asking USCIS to reexamine its prior decision because you believe it made an error in applying the law or in understanding the facts. It does not involve submitting new evidence; instead, it focuses on showing that the existing evidence was misunderstood or that the law or regulations were misapplied.

For example, if USCIS cited an inapplicable legal provision in the denial notice, or if it overlooked valid evidence you had already submitted (such as an employer letter that was submitted before the filing deadline but was not properly filed or reviewed), these situations are well suited for a motion to reconsider. The key is to point out errors in USCIS’s reasoning, not to supplement the record with new materials.

Such a motion must be based solely on the documents and information that were already submitted at the time of the original decision. You may not add new evidence or new explanations. It is essentially a process of saying, “Please reconsider your decision, but only based on the materials that were already before you.”

II. Motion to Reopen: Based on Newly Discovered Evidence or Changed Circumstances

Unlike a motion to reconsider, a Motion to Reopen focuses on the existence of new facts or new evidence and asks USCIS to reopen and re-adjudicate the case.

Common examples include obtaining a new job offer, a new medical report, a birth certificate, a marriage certificate, or other materials after the denial that could significantly affect the outcome of the case. These items may not have existed at the time of the original filing, or could not be submitted due to special circumstances.

This type of motion gives applicants an opportunity to remedy the situation. As long as you can demonstrate that the new evidence is material and could affect the original decision, USCIS will consider reopening the case. You must clearly explain the source and substance of the new information and why it was not submitted with the initial application.

III. How to File a Motion

Whether you are filing a motion to reconsider or a motion to reopen, you must do so using Form I-290B. Form I-290B is the USCIS form specifically used for appeals, motions to reconsider, and motions to reopen. When completing the form, you must clearly indicate whether you are requesting a motion to reconsider, a motion to reopen, or both.

Timing is critical. In most cases, the motion must be filed within 30 days of the USCIS decision. If you received the denial notice by mail, you are generally granted an additional 3 days. If you miss this deadline, USCIS will usually refuse to accept the filing.

An application fee is also required. The current standard fee is $675, although this amount may change as USCIS policies are updated. You should always verify the fee on the official USCIS website before filing.

After the motion is submitted, USCIS will first conduct a preliminary review to determine whether it meets the acceptance requirements. If it does, the case will be forwarded to an officer for further review, and USCIS will ultimately decide whether to overturn the original decision or uphold it.

IV. Can You File Both a Motion to Reconsider and a Motion to Reopen at the Same Time?

Yes. On Form I-290B, you may request that USCIS review the case both on the basis of legal or factual error (motion to reconsider) and on the basis of new evidence (motion to reopen). This can be very helpful in situations where you believe USCIS misjudged the original evidence and you also have new materials to submit.

However, there is an important prerequisite: your denial notice must explicitly state that you are eligible to file a motion to reconsider or a motion to reopen. Most USCIS decision letters include this information near the end. If the notice does not mention these options, it may mean that motions are not permitted for that type of case and that you may instead only be able to file an administrative appeal with an appellate body such as the Administrative Appeals Office (AAO).

When facing a denial from USCIS, do not give up too quickly. By filing a motion to reconsider or a motion to reopen, you may be able to secure a “second chance” for your case. The key is to act promptly, understand the differences between the procedures, and ensure that your submission meets USCIS requirements. You may handle the process on your own, or consult an experienced immigration attorney to ensure that your motion complies with USCIS standards and maximizes the likelihood of success.

(Disclaimer: The information published herein is for reference only and should not be regarded as legal authority or advice on any subject. All rights reserved. Reproduction requires permission from Allbelief Law Firm.)