What Is Motion to Reopen
A motion to reopen is a formal request to the immigration court or the Board of Immigration Appeals (BIA) to reconsider a final decision in your immigration case. You file it after a judge has issued a final order, either approving or denying your case. The motion asks the court to reopen the record and rehear your case based on new evidence, facts, or law that did not exist or was not available when the original decision was made.
Strict Filing Deadlines
Timing is critical with motions to reopen. You must file within 90 days of the final order in immigration court, or within 90 days at the BIA level. This 90-day window is mandatory and courts rarely grant extensions. If you miss this deadline, your motion will be dismissed automatically. This deadline applies regardless of your visa category, whether you are in removal proceedings, adjustment of status, or consular processing appeals.
What Counts as New Evidence
Courts set a high bar for reopening. The new evidence or facts must meet strict standards. You cannot reopen based on evidence that existed when your case was decided but you simply did not present it. Instead, the evidence must be material (important enough to change the outcome), non-speculative, and either newly discovered or based on changed circumstances. Examples include a new birth certificate for a family-based green card case, updated medical records for an I-864 affidavit of support, or a recent change in country conditions affecting an asylum claim.
How Motion to Reopen Works
- File Form EOIR-26: Submit a motion to reopen to the immigration court (EOIR-26) or the BIA, depending on where your case sits. Include a detailed explanation of the new evidence and why it is material.
- Burden of proof: You must demonstrate that the new evidence could reasonably change the outcome of your case. This requires more than speculation or minor additional facts.
- Court review: The judge or BIA panel will review your motion. They may grant it, deny it, or in some cases, allow you to proceed without formally reopening the record if the new evidence can be addressed through other means.
- If granted: The court reopens the case and rehears evidence. You then have the opportunity to present your new evidence in front of a judge or the BIA, which may result in a different outcome.
Connection to Removal Proceedings
Motions to reopen are especially important in removal proceedings. If an immigration judge ordered you removed from the United States and you obtain new evidence, a motion to reopen is often your only way to challenge that decision without leaving the country first. For example, if you were denied asylum and subsequently obtain documentation of persecution in your home country, a motion to reopen gives you a chance to present that evidence. The same applies to denials of cancellation of removal or voluntary departure.
Impact on Green Card and Visa Cases
In adjustment of status cases or family-based green card applications, a motion to reopen may be filed if USCIS or the immigration court made a factual error or new information affects your eligibility. If your priority date, employment letter, or financial documentation was questioned and you now have updated or corrected documents, a motion to reopen can reopen consideration. This differs from filing a new application because you are asking the court to reconsider based on the same priority date rather than starting over with a new one.
Common Questions
- Can I file a motion to reopen if I missed the 90-day deadline? Generally no. The 90-day deadline is strict and enforced by statute. Courts have discretion to extend filing deadlines in limited circumstances (motion to reopen filed late due to ineffective assistance of counsel, for example), but missing the deadline by even one day typically results in automatic dismissal. Plan ahead and file before the deadline expires.
- What is the difference between a motion to reopen and a motion to reconsider? A motion to reconsider challenges the legal reasoning or factual basis of a decision and must be filed within 30 days. A motion to reopen presents new evidence or changed circumstances and has a 90-day deadline. They are separate requests with different standards.
- If my motion to reopen is denied, can I file another one? No. Immigration law allows only one motion to reopen and one motion to reconsider per case. Filing a second motion to reopen after the first is denied will be automatically dismissed.