How much is a motion to reopen?
Asked by: Mr. Reese Muller MD | Last update: October 25, 2025Score: 4.1/5 (59 votes)
(1) Motions to reopen or reconsider - When a filing fee is required, the fee for motions to reopen or reconsider is $145. The fee is paid to the Department of Homeland Security in advance. The fee receipt and motion are then filed with the immigration court.
How long does a motion to reopen take with USCIS?
Although some cases may take longer, USCIS field offices and service centers try to adjudicate motions within 90 days. The AAO strives to complete its review of motions within 180 days from the time it receives a complete case file.
How to write a motion to reopen a case?
A motion to reopen “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits and other evidentiary material.” 8 U.S.C. § 1229a(c)(7)(B). It must be accompanied by the application for relief and all supporting documents.
What is the difference between appeal and motion to reopen?
The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion. Unlike appeals, which ask a different authority to review and reverse a decision, motions request a review by the authority that issued the latest decision in the proceeding.
Where to pay motion to reopen fee?
When a fee is required to file an application for relief or a motion to reopen or reconsider, the fee is paid to the Department of Homeland Security and the form of the payment is governed by federal regulations.
Motions to Reopen or Reconsider
What happens if 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. The timely filing of a notice of appeal must stay the initial decision until the authority head decides the issue.
What can cause a case to reopen?
- New Evidence. ...
- Fraud or Misrepresentation. ...
- Mutual Mistakes. ...
- Change in Circumstances. ...
- Gathering Evidence. ...
- Insurance Company And Negotiations. ...
- Consulting With a Personal Injury Lawyer.
How many times can you file a motion to reopen?
Responses to motions to reopen are due within ten (10) days after the motion was received by the immigration court, unless otherwise specified by the immigration judge. (d) Number Limits — A party is permitted only one motion to reopen. 8 C.F.R. § 1003.23(b)(1) .
How do you get a case reopened?
The process for reopening a case involves several steps, which typically start with filing a motion or petition in the court that issued the original judgment. This motion must clearly outline the basis for the request, supported by credible evidence or arguments justifying why the case should be revisited.
How much is the fee for I-290B?
The filing fee for Form I-290B is $675. No fee is required if you are filing Form I- 290B to appeal a denial of a petition for a special immigrant visa by an Iraqi or Afghan national who worked for or on behalf of the U.S. Government in Iraq or Afghanistan.
What is the success rate of motions to reconsider?
This is roughly a 5 percent success rate for all motions. Of the requests related to the initial institution decision, only 3.5 percent (six of 169) have been successful.
Can I stay in the US while my 290B is pending?
A pending I-290B does not give you permission to stay in the US. If they have looked at your case, and your file, etc, then you can rely on their advice.
What if I 290B is denied?
If your I-290B is now untimely due to the rejection, in addition to refiling, you should submit a case assistance request to the USCIS Ombudsman and also submit a technical assistance request to ASISTA.
What is the difference between appeal and motion?
If you have appeal rights, you may file both an appeal and a motion. While the motion is considered and decided by the official who made the decision on which the motion is based, an appeal will be reviewed and decided by an independent staff and authority.
How long does it take USCIS to respond to motion to reopen?
How Long Does It Take To Reopen USCIS Motion? The estimated time to reopen a motion before USCIS may vary depending on the following factors: A motion generally takes 90 days to process. The appeal process can take up to 180 days.
What happens if I-130 is approved but in removal proceedings?
If the I-130 is approved, then the Immigration Judge may elect to terminate removal proceedings so your adjustment of status case is within the jurisdiction of USCIS.
How long does filing a motion take?
A motion is heard on a 24 day cycle, meaning that when you file a motion, you can expect that your case will be scheduled before a judge within approximately 24 days. There is often times a motion can be delayed when an adjournment is requested or when the court's calendar requires.
How to write a motion to reopen an immigration case?
The Motion to Reopen is your written brief explaining why your situation justifies allowing new evidence into your old case and why the judge should look at your case again. It must state new facts that you will prove at a hearing if the motion is granted. You must support the facts with documents or evidence.
What is it called when you reopen a case?
If a case is “reinstated” it is reopened after being dismissed. If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing (if you file by the deadline discussed below.)
Can a case be reopened after found not guilty?
A defendant whose conviction was reversed on appeal may be retried without violating double jeopardy. However, any charge of which the defendant was found not guilty the first time cannot be retried.
How do you ask a judge to reconsider a decision?
Any party who has appeared in the proceeding, or SBA, may request reconsideration by filing with the Judge and serving a petition for reconsideration on all the parties to the appeal within twenty (20) calendar days after service of the written decision.
How to win an immigration appeal?
Legal representation is necessary in an immigration appeal case. Winning an appeal case requires proper documentation, a clear understanding of the immigration laws, and a strong legal argument. The right Counsel should help you achieve all these with ease. Ensure you are compliant.
How much is the I-290B fee?
A separate Form I-290B is required for each appeal/motion submitted, i.e., a school must file a Form I-290B when choosing to file an appeal and must also file a separate Form I-290B when filing a motion. Each Form I-290B now requires a $675 filing fee.