Motion to Reconsider in Immigration: What It Is and When to File One

Key Takeaways

Motion to Reconsider Corrects Legal or Factual Errors

• A motion to reconsider is a formal request asking USCIS, an immigration judge, or the BIA to review and reverse a previous decision based on a legal or factual mistake in the existing record.
• The argument is that the decision-maker misapplied the law or misinterpreted evidence they already possessed.

Critical 30-Day Filing Deadline

• The deadline to file is strictly 30 days from the date of the decision for motions filed with USCIS (Form I-290B), immigration court, and the BIA.
• Missing this deadline nearly always results in the loss of the reconsideration option.

Different from a Motion to Reopen

• Motion to Reconsider addresses errors in the existing record (Did the judge get the law wrong?).
• Motion to Reopen introduces new evidence or changed circumstances (Are there new facts the judge should consider?).

Filing Does Not Stop Deportation

• Filing a motion to reconsider does not automatically pause (stay) deportation or removal proceedings.
• You must file a separate, emergency request for a stay of removal at the same time to prevent removal while the motion is pending.

Strong Motions Require Specificity and Citation

• A persuasive motion must clearly identify the specific legal or factual error, refer directly to the evidence already in the record, and cite the correct controlling legal authority (statutes, regulations, or BIA precedent).
• General complaints or restating facts will not succeed.

What Is a Motion to Reconsider?

A motion to reconsider is a formal request asking USCIS, an immigration judge, or the Board of Immigration Appeals (BIA) to review your case because you think they may have made a mistake in their original decision. In plain language, this means pointing out an “error of law or fact.”

An error of law occurs when a judge or officer applies the wrong legal rule or bases their legal opinion on an incorrect interpretation of immigration law. An error of fact means they relied on incorrect facts or misinterpreted the existing evidence in your case. A motion to reconsider is used to address specific legal or factual issues in the judgment, asking the decision-maker to review how those issues were handled.

This is very different from a motion to reopen (which introduces new information) or an appeal (which requests a higher authority to review the case).

With a motion to reconsider, the same decision-maker is being asked to review the case again and correct a legal, technical, or factual error. A motion to reconsider targets a specific order, ruling, or finding of fact to modify it, while a motion for a new trial addresses structural flaws in the entire trial process.

Where Can You File a Motion to Reconsider?

Depending on where you received your denial or order, you must file your motion to reconsider in the proper immigration forum. The three main places are USCIS, immigration court, and the BIA. The timing for filing a motion to reconsider is often based on the entry of the final order or judgment into the official court record. Additionally, motions must be properly served on all parties as required by procedural rules.

Motion to Reconsider at USCIS

If USCIS denies your petition or application (like Form I-130, I-485, or I-360), you can file a motion to reconsider using Form I-290B. The time limit to submit is 30 days from the date on the denial notice, and the current filing fee is $675 (always check for updates at uscis.gov/i-290b before filing). Note: It is important to review the relevant statute or regulation for any updates or exceptions to the deadline, as statutes set the legal framework for motions to reconsider. Your motion must directly point out where you believe USCIS made a legal or factual error, with reference to specific laws or rules. USCIS will review the motion and may approve it, deny it, or request additional details. Note that motions regarding interlocutory orders (not final judgments) may be treated with more flexibility by USCIS.

Motion to Reconsider in Immigration Court

For decisions made by an immigration judge, most often in removal or deportation cases, you can file a motion to reconsider with that judge within 30 days of the decision as a party to the original case. In many removal cases, the immigration court serves a role similar to that of a trial court. Procedural rules control how and when a motion to reconsider can be filed.

You are generally only allowed one motion to reconsider per ruling. The prevailing side in the original immigration proceeding, usually the government, may file a response opposing the motion to reconsider.

At this stage, you can’t just repeat your prior arguments or raise a general objection to the outcome; the motion must show an overlooked legal or factual error. A motion to reconsider keeps the case with the original trial judge and is generally a faster and less expensive alternative to an appeal.

Motion to Reconsider at the BIA

The Board of Immigration Appeals (BIA) is the highest administrative appellate body in the immigration system. If your case reached the BIA after a final order or adverse decision, you have 30 days after they decide to ask them to reconsider if you believe they got the facts or law wrong. The BIA’s jurisdiction to hear a motion to reconsider depends on timely filing within the appropriate session, as motions must be submitted according to strict procedural deadlines. Filing usually does not stop removal while the motion is under review. Motions for reconsideration at the BIA are rarely granted, with a success rate of less than 10%.

Do I Need an Attorney to File a Motion to Reconsider?

You can file a motion to reconsider without a lawyer, but immigration law is complex, and this process requires precise arguments and legal citations. Working with an experienced attorney gives you the strongest chance of success in your case.

Motion to Reconsider vs. Motion to Reopen: The Key Difference

Many people mix up “motion to reconsider” and “motion to reopen,” but they serve two very different purposes in immigration law. Understanding which one fits your situation is critical. A motion to reconsider targets specific legal or factual errors in the original decision, while a motion for a new trial is used to address structural flaws in the entire trial process, such as significant procedural errors or newly discovered evidence that could affect the outcome.

Example: If USCIS denied your green card because they applied an inapplicable regulation, you could file a motion to reconsider, arguing they misapplied the law. In contrast, if you believe the entire trial was fundamentally unfair due to a structural flaw—such as improper exclusion of key evidence—you might file a motion for a new trial to seek a fresh hearing.

Motion to Reopen: If, after your denial, you find a crucial document proving you qualify but didn’t have this document during your original case, you would file a motion to reopen to present that new evidence.

In some cases, you may be able to file both motions together, combining arguments about both errors of fact or law and new evidence. Consult with an experienced immigration attorney to determine the best strategy for your particular situation.

When Should You File a Motion to Reconsider?

Recognizing the right time to file a motion to reconsider can improve your chances of success and help avoid unnecessary delays or rejections.

You may want to file a motion to reconsider if:

• New evidence has come to light that was not available during the original decision.
• There was a clear error of law or fact in the original decision.
• The decision-maker failed to consider key evidence or arguments that could have impacted the outcome.
• There has been a change in the law that affects your case.
• You believe the decision was unjust or not supported by the evidence presented.

The extent to which a motion to reconsider can be debated depends on whether the original motion was debatable; it is important to file the motion promptly, ideally before any significant change based on the original decision has occurred.

When You Should File a Motion to Reconsider

A motion to reconsider could be a strong choice in the following situations:

• USCIS applied the wrong legal standard or misunderstood a regulation in your case.
• The immigration judge relied on an overturned legal precedent.
• The decision includes a clear factual mistake, such as ignoring evidence you already submitted that meets the requirements.
• A law or rule changed during your case and the decision incorrectly used the old version.
• Evidence that was already on the record was overlooked, misread, or entirely ignored.

When You Should Not File a Motion to Reconsider

A motion to reconsider is not the right choice if:

• You just disagree with how the judge or officer weighed the evidence or used their discretion; this is grounds for a formal immigration appeal, not reconsideration.
• You have new evidence that was not available or could not be found at the time of the original decision.
• You missed the 30-day deadline; your attorney must review other options, as you need legal advice about possible next steps. 
• The decision is mainly based on the judge’s sound discretion, where reconsidering a specific legal or factual mistake would not change the outcome.

Consult an attorney if you are unsure, as choosing the wrong option can waste time and might hurt your immigration case.

The 30-Day Deadline: Why Acting Fast Is Critical

In almost all immigration cases, whether with USCIS, in immigration court, or before the BIA, you have only 30 days from the date of the decision to file a motion to reconsider. However, time limits can vary depending on the court or agency. For example, in federal civil actions, a motion for reconsideration must be filed within 28 days of the judgment or order to toll the 30-day deadline for filing a notice of appeal. Missing the deadline nearly always takes the reconsideration option off the table, and late filings are generally subject to denial.

If the window passes, USCIS only rarely allows late filings; immigration court and the BIA rarely do. Keep in mind that filing a motion to reconsider does not automatically stop any pending removal proceedings; if you need that protection, you must file a separate emergency stay request.

Given strict immigration enforcement in 2026, it’s urgent to contact an attorney immediately after a denial. Every day counts when your future in the U.S. is on the line.

What Makes a Strong Motion to Reconsider?

Such Motion Must Identify Specific Errors

A persuasive motion to reconsider requires the right legal arguments and attention to detail. In an assembly or other formal decision-making body, debate on a motion to reconsider is limited to the reasons for reconsideration. Here’s what your motion should include:

1. Clearly name the error: You must describe exactly which law, rule, or legal principle was misunderstood or used incorrectly by the decision-maker. General complaints about unfair treatment are not enough.
2. Refer directly to the record: Back up your argument by highlighting the specific pieces of evidence, like documents, statements, or forms, that were originally provided. No new information can be included; everything must be based on what’s already in the case file.
3. Reference authoritative legal sources: Your motion should back up your argument with direct citations to immigration laws, majority BIA decisions, regulations, or important federal cases.

The motion to reconsider takes precedence over all other motions and is debatable only to the extent that the original motion was debatable.

It’s helpful to also know what not to do. Here are some things you can avoid:

• Rehashing your full case instead of centering on the specific error
• Complaining about your results rather than addressing technical legal points
• Failing to comply with the proper formats, process, or timing rules

Motion requirements vary among USCIS, immigration court, and the BIA, so professional guidance from an immigration attorney provides your motion with credibility and gives you the greatest chance of success.

How Alonso & Alonso Can Help Your Case

Alonso & Alonso offers a free case evaluation, either in person at our Texas and Phoenix offices or virtually nationwide, to help you understand your options for a motion to reconsider. We carefully review your USCIS denial or court decision to spot legal and factual errors, prepare and file Form I-290B or court motions, and assist with emergency stays when expedited action is needed.

Our team represents clients at every stage of immigration appeals, with full bilingual support (Spanish and English) and responsive communication at every step. Don’t risk missing your deadline. Call 1-855-663-4763 or go to our website to schedule your free case evaluation today. For more details, visit our Immigration Appeals service page.