How long does USCIS take to reopen a case?
Asked by: Valentine Friesen | Last update: April 2, 2026Score: 4.2/5 (60 votes)
USCIS aims to process Motions to Reopen (MTRs) within 90 days, but actual times vary significantly, often taking several months to over half a year, depending on the complexity, office backlog, and case type (e.g., asylum, I-485), with some users reporting 4 to 6 months or more for administrative closure reopenings. The Administrative Appeals Office (AAO) targets 180 days, but complex cases or needing more evidence can extend these timelines.
Can USCIS reopen a closed case?
Motion to Reopen Administratively Closed Application. An applicant may request to reopen an administratively closed naturalization application with USCIS by submitting a written request to USCIS within one year of the date the applicant's application was administratively closed.
What happens when a case was reopened for reconsideration?
When this happens, the applicant or petitioner may still file a motion with the court to have the case reopened or reconsidered. Unlike an appeal, a motion to reconsider or reopen a case does not send the case to a higher legal authority, but requests that the original authority take a second look at the case.
What evidence is needed to reopen a case?
A motion to reopen must state new facts and be supported by documentary evidence. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen.
What happens if a motion to reopen is denied?
§ 1149.24 What happens if my motion to reopen is denied? (a) You may appeal the decision denying a motion to reopen to the authority head by filing a notice of appeal with the authority head within 15 days after the ALJ denies the motion.
How Long Does It Take To Reopen A Case? - US Citizenship Immigration Guide
How long does it take for USCIS motion to reopen?
USCIS Motion to Reopen (Form I-290B) processing times vary, but generally aim for ~90 days at field offices and up to 180 days (6 months) with the Administrative Appeals Office (AAO), though complex cases or backlogs can extend this significantly, sometimes to 6-12+ months or more, with individual experiences differing greatly based on office workload, case specifics, and evidence required.
Can I be deported if my case was denied?
If you are still denied asylum by federal court, or if you do not file an appeal when the immigration judge denies your case, you could be deported if the immigration authorities decide to enforce your removal order.
Is it hard to reopen a case?
Courts are generally reluctant to reopen old cases unless there's a compelling reason, such as newly discovered evidence that could not have been found earlier with reasonable effort. Timing, legal procedures, and the specific facts of your case will all play a role in determining if the court will even consider it.
How many times can you file a motion to reopen?
A party is permitted only one motion to reopen. 8 C.F.R. § 1003.23(b)(1). There are few exceptions.
On what two grounds can a case be appealed?
A case can generally be appealed on grounds of legal error, where the judge applied the wrong law, or improper factual findings, meaning the judge or jury reached a conclusion unreasonable based on the evidence, with other common reasons including prosecutorial misconduct, ineffective counsel, or due process violations, all requiring the error to have affected the outcome.
When can a case not be reopened?
A case may not be reopened if: It was dismissed with prejudice: If the judge dismisses your case “with prejudice,” it legally prevents the same charges from being refiled in the future.
What happens when USCIS closes your case?
If your case is administratively closed, U.S. Citizenship and Immigration Services (USCIS) may schedule a CFI to reassess your eligibility. Warning: Failing this interview could result in expedited removal, or deportation without a full hearing. Even if you pass the interview, USCIS may choose not to reopen your case.
Can you ask for a case to be reopened?
You can ask the court to reopen your case if: you (or your legal adviser) did not have the opportunity to write or speak to the court about your case. the court did not receive documents to support your case.
Can they reopen a closed case?
Grounds for reopening a case in California
If the other party — or even your own attorney or insurance company — intentionally withheld evidence, lied, or misled you during settlement, the court may reopen the case based on fraud.
Can you be deported if your case is administratively closed?
Danger – You Could Get Deported. Just because your immigration court case was “administratively closed” doesn't mean it's over. Thousands of cases are going to be reopened this year – and if those noncitizens don't show up to their new court date, the Immigration Judge will order them deported without being there.
How much is a motion to reopen the immigration court?
For example, the fee for an appeal to the Board of Immigration Appeals (BIA) is now $1,010 (up from $110), while a motion to reconsider or reopen before the BIA or Immigration Judge (IJ) is now $1,045 (up from $145).
What happens when USCIS reopens your case?
When USCIS reopens your case, they review it based on fresh evidence or circumstances. This can lead to a reconsideration of their previous decision, potentially resulting in a different outcome for your immigration status or application..
Is it better to appeal or reapply?
The decision between reapplying and appealing largely depends on individual circumstances: If you believe there was an error in your original claim, or if you have new evidence that could change the outcome, appealing is typically the better route.
How successful are immigration appeals?
The chances of winning an immigration appeal are generally low, often cited around 10% to 20%, with many sources noting success rates can be as low as 10-15% for Board of Immigration Appeals (BIA) (BIA) cases, depending heavily on proving legal errors by the immigration judge, not just re-examining facts. Success is significantly influenced by having strong legal arguments, proper evidence, meticulous preparation, and experienced representation, with some specific case types, like certain citizenship applications or prosecutorial discretion requests, showing higher rates.
How do I reopen an immigration case?
If an Immigration Court or the Board of Immigration Appeals has ruled that you must be deported, you may be able to file a Motion to Reopen. A Motion to Reopen (MTR) allows immigrants who lose their cases in immigration court to present new or changed facts to the immigration judge.
What causes a case to be reopened?
A case gets reopened due to compelling reasons like the discovery of significant new evidence, major procedural errors, proven fraud or misconduct, or a claim of ineffective assistance of counsel, all aiming to prevent a manifest injustice or correct a significant flaw that impacted the original outcome. Judges have discretion to reopen cases to allow crucial new information or testimony to be heard, even after closing arguments or jury deliberation, to ensure fairness.
What is the time limit for motion to reopen?
§§ 1003.2(c)(1), 1003.23(b)(3); Joint motions to reopen: Statutory one-motion/90-day limits in INA § 240(c)(7)(A), (C) are relaxed where DHS joins the motion; regulations recognize exceptions to time/number limits for joint motions. 8 C.F.R.
Who is at the highest risk of being deported?
Those at the highest risk of deportation are non-citizens with criminal convictions (especially violent or serious felonies like "aggravated felonies"), individuals who entered without authorization or overstayed visas, and those who violate the terms of their status, with enforcement often targeting those with serious offenses or who pose security threats, though recent trends also show removals for minor offenses like traffic violations and drug possession. Permanent residents (Green Card holders) can also face deportation for specific crimes, while asylum seekers and those in precarious statuses like Temporary Protected Status (TPS) are vulnerable if protections end.
What happens when USCIS denies your case?
If USCIS denies your application, you usually receive a notice explaining why, giving you options like filing a motion to reopen/reconsider (using Form I-290B) or appealing to the Administrative Appeals Office (AAO) within strict deadlines (often 30 days), or you might need to refile with corrected information or a waiver, depending on the reason for denial; immediate legal advice is crucial.
Can a lawyer help you not get deported?
If you're dealing with a deportation or removal order or have been detained by ICE, you do not have to navigate the situation alone. A fierce and knowledgeable immigration attorney from U.S. Law Center is here for you during this challenging time to help you fight back and protect your rights and interests.