Motion to Reconsider USCIS: How to Challenge a Bad Decision can feel like navigating a maze when you receive an unfavorable ruling from immigration authorities. But don’t worry—this process is designed to give you a second chance to present your case. Understanding how to file a motion to reconsider properly can make all the difference in turning a “no” into a “yes.” Let’s break down the steps and strategies to help you challenge that bad decision effectively and confidently.

What is a Motion to Reconsider USCIS?

Simply put, a Motion to Reconsider USCIS is a formal request asking the United States Citizenship and Immigration Services to review and change a decision they made on your application or petition. Think of it as hitting the “refresh” button on your case, but with solid legal grounds. It’s not about presenting new evidence but proving that the original decision was based on an incorrect application of the law or policy.

When Should You File a Motion to Reconsider USCIS?

Timing is everything. You typically have 30 days from the date of the decision to file a Motion to Reconsider USCIS. But when is it the right move?

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• If you believe USCIS misapplied the law or regulations in your case.
• When the decision contradicts established USCIS policy or precedent.
• If there was a clear error in interpreting the facts based on the evidence already submitted.

Remember, this motion is not for introducing new facts or evidence—that’s what a Motion to Reopen is for. So, make sure your challenge focuses on legal or policy errors.

How to Prepare Your Motion to Reconsider USCIS

Preparing a strong Motion to Reconsider USCIS is like building a solid case in court. Here’s how to do it step-by-step:

1. Review the denial notice carefully. Understand exactly why USCIS denied your application.
2. Identify the legal or policy errors. Pinpoint where USCIS misapplied the law or regulations.
3. Draft a clear and concise legal argument. Explain why the decision was incorrect based on the law.
4. Include relevant citations. Reference USCIS policies, federal regulations, or court decisions that support your position.
5. Complete Form I-290B. This is the official form for filing motions and appeals with USCIS.
6. Attach supporting documents. Include the denial notice and any other relevant paperwork.
7. File within the deadline. Make sure your motion is received by USCIS within 30 days of the decision.

Pro tip: Keep your tone professional but persuasive. You want to convince USCIS that their decision was flawed without sounding confrontational.

Common Mistakes to Avoid

Filing a Motion to Reconsider USCIS can be tricky. Avoid these pitfalls:

• Missing the deadline. Late filings are almost always rejected.
• Submitting new evidence. This belongs in a Motion to Reopen, not Reconsider.
• Failing to clearly explain the legal error. Vague or emotional appeals won’t cut it.
• Ignoring USCIS instructions. Follow the form and filing guidelines precisely.
• Not paying the correct fee. Double-check the current fee for Form I-290B.

What Happens After Filing?

Once you submit your Motion to Reconsider USCIS, USCIS will review your arguments and decide whether to uphold or overturn their original decision. This process can take several months, so patience is key. During this time, USCIS may:

• Request additional information or clarification.
• Schedule an interview if necessary.
• Issue a final decision either affirming or reversing the denial.

If your motion is granted, your case moves forward as if the denial never happened. If denied, you may have other options like appeals or federal court challenges.

Alternatives to a Motion to Reconsider USCIS

Sometimes, a Motion to Reconsider USCIS isn’t the best path. Consider these alternatives:

• Motion to Reopen: If you have new evidence or facts that weren’t available before.
• Appeal to the Administrative Appeals Office (AAO): For certain types of cases, an appeal might be more appropriate.
• Filing a new application: In some situations, starting fresh can be simpler.
• Consulting an immigration attorney: They can help you choose the best strategy based on your unique situation.

Facing a denial from USCIS can feel like a heavy blow, but remember, a Motion to Reconsider USCIS offers a valuable second chance to set things right. Don’t let frustration cloud your judgment—early legal assistance can make a world of difference in navigating this complex process. Reach out to an immigration expert who can guide you step-by-step, turning that bad decision into a hopeful new beginning. You’re not alone in this journey.