Understanding USCIS Motions to Reconsider and Reopen: Procedures, Requirements, and Strategic Use After a Denial

When your immigration application is denied by the U.S. Citizenship and Immigration Services (USCIS), it can understandably be discouraging. However, this does not necessarily mean the end of the road. You still have an opportunity to request a Motion to Reconsider or a Motion to Reopen, both of which are formal procedures through which you can ask USCIS to review its previous decision. Although their names are similar, these two motions differ significantly in purpose, requirements, and the circumstances in which they are appropriate.

1. Motion to Reconsider: Based on Legal or Factual Error

A Motion to Reconsider is a formal request for USCIS to re-evaluate its decision because you believe they made an error in interpreting the law or understanding the facts of your case. This type of motion does not allow you to submit new evidence. Instead, it asks USCIS to review the decision using only the evidence and legal arguments that were originally submitted.

For example, if USCIS cited an incorrect legal provision in the denial notice, or if they failed to consider a valid piece of evidence—such as an employer letter that was properly submitted before the deadline but overlooked—this may be grounds for a Motion to Reconsider. The key is to show that the original decision was flawed due to a misapplication of the law or a misunderstanding of the submitted evidence.

This motion is essentially a way to say: “You already had everything you needed; you just got it wrong. Please take another look.”

2. Motion to Reopen: Based on New Evidence or Changed Circumstances

In contrast, a Motion to Reopen is used when there are new facts, evidence, or circumstances that were not previously available and that could significantly affect the outcome of your case. The focus here is on presenting new information that justifies a re-evaluation of the prior decision.

Typical examples include receiving a new job offer letter, obtaining updated medical reports, getting married, or obtaining a birth certificate—any new document that was not available during the initial application and that materially affects eligibility.

This motion allows the applicant to supplement their case with important new materials that were either unavailable or could not reasonably have been submitted earlier. It must be accompanied by an explanation of the relevance of the new evidence and why it was not submitted before.

3. How to File the Motions

Whether you are filing a Motion to Reconsider, a Motion to Reopen, or both, the correct procedure is to use Form I-290B. This is the official form USCIS requires for appeals, motions to reconsider, or motions to reopen.

Time is of the essence: You must generally file the motion within 30 days of the date USCIS issued the denial. If you received the denial by mail, you typically have an additional 3-day grace period. If the deadline is missed, USCIS will usually not accept the motion unless there are extraordinary circumstances.

There is also a filing fee required—currently $675, though this amount may change depending on USCIS fee schedule updates. Always verify the latest fee before submission.

Once submitted, USCIS will conduct a preliminary review to determine whether the motion meets basic acceptance criteria. If it does, they will move forward with a full evaluation and decide whether to reverse the original decision or uphold it.

4. Can You File Both Motions at the Same Time?

Yes, you may request both a Motion to Reconsider and a Motion to Reopen in the same I-290B submission. This can be a strategic choice in cases where you believe that USCIS made an error in judgment and you also have new supporting evidence to strengthen your case.

However, this dual motion can only be filed if the denial notice explicitly states that you are eligible to file a motion. Most USCIS denial letters will indicate whether you have the right to file a motion to reopen or reconsider. If the letter does not mention this right, it may indicate that your case type is not eligible for these motions, and you might instead need to pursue an appeal with a higher administrative body such as the Administrative Appeals Office (AAO).

5. Conclusion

A denial from USCIS does not have to be the final word. Through a Motion to Reconsider or a Motion to Reopen, you may secure a second chance at approval. The key is to act quickly, understand the differences between the two motions, and ensure that your submission meets all procedural and evidentiary requirements. You may file the motion on your own, or consult an experienced immigration attorney to maximize your chance of success by aligning your motion with USCIS standards and expectations.

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