If your immigration case was denied or you were ordered removed in absentia or unfairly, you may file a Motion to Reopen (new facts/evidence) or Motion to Reconsider (legal error) with the court or the BIA.
If your immigration case was denied or you were ordered removed in absentia or unfairly, you may file a Motion to Reopen (new facts/evidence) or Motion to Reconsider (legal error) with the court or the BIA.
Must file within 30–90 days (depending on type of motion)
Motion to Reopen: Must show new, material evidence not previously available
Motion to Reconsider: Must show legal error or misapplication of law
Equitable tolling may apply in exceptional cases
Motion explaining legal basis and timing
New evidence or legal arguments
Sworn statements or affidavits (if needed)
Supporting documents (e.g., medical, family, hardship, evidence of procedural errors)
1–6 months depending on jurisdiction
BIA decisions may take longer
No fee for motions in removal cases (if filed with EOIR)
Filing fee for motions to USCIS or BIA (if applicable): $675