What Is Motion to Reconsider
A motion to reconsider is a formal request asking USCIS or an immigration court to reexamine a decision based on new evidence or a legal error that affected the outcome. Unlike an appeal, which goes to a higher authority, a motion to reconsider asks the same decision-maker to change their ruling on your case.
When You Can File a Motion to Reconsider
You have 30 days from the date of the decision to file a motion to reconsider with USCIS or an immigration court. This deadline is strict. If you miss it, your case is generally closed. You must demonstrate either that the decision rested on an incorrect application of law or that it involved an error of judgment that the decision-maker may not have intended.
The motion works differently depending on where your case is: USCIS administrative decisions (like denials of adjustment of status applications, visa petitions, or green card renewals) go back to the same USCIS office. Immigration court decisions go back to the immigration judge. Board of Immigration Appeals (BIA) decisions can be reconsidered by the BIA itself under limited circumstances.
Real-World Scenarios Where This Applies
- Visa petition denials: Your I-140 employment-based petition was denied because USCIS misapplied the priority date rules. A motion to reconsider points out the error in their analysis of your priority date calculation.
- Adjustment of status rejections: Your I-485 application was denied for lack of an available visa number in your category, but you discovered new evidence showing your priority date became current. You file a motion to reconsider with the updated visa bulletin information.
- Consular processing denials: You were denied a visa at a US embassy during consular processing due to a misinterpretation of your employment history. A motion to reconsider sent through the embassy can overturn this.
- Green card status termination: USCIS sent you an intent to rescind your green card based on alleged misrepresentation. New documentation shows you disclosed the relevant information on Form I-485 or Form N-400.
What You Must Prove
USCIS and immigration courts have strict standards for reconsidering decisions. You cannot simply disagree with the outcome. You must show one of these:
- The decision was based on an incorrect interpretation of law or policy (for example, wrong calculation of your continuous residence period for naturalization)
- The decision ignored evidence you actually submitted (material facts in your green card adjustment application)
- Newly discovered evidence exists that could have changed the outcome and could not reasonably have been discovered earlier (medical records for an extreme hardship waiver you filed with Form I-601)
- The decision contains a factual error about circumstances directly within the agency's knowledge
Common Questions
- Can I file a motion to reconsider and an appeal at the same time? No. You must choose one or the other. The motion to reconsider is typically faster if you believe there was a clear error, while an appeal to the BIA is better if you have a legal argument about policy interpretation. Some attorneys file the motion to reconsider first as a faster option.
- Do I need an attorney to file a motion to reconsider? You can file it yourself, but immigration law is complex. USCIS denies the vast majority of pro se motions to reconsider. An accredited representative or immigration attorney significantly increases your chances, especially for employment-based visa categories or green card rescission cases.
- How long does USCIS take to decide a motion to reconsider? There is no statutory deadline. USCIS typically decides motions to reconsider within 30 to 90 days, though some take longer. During this period, your case is held in abeyance, meaning no other action proceeds.