Motions to Reopen

Motions to Reopen Attorney in Miami, Fl

Were you unsuccessful with your immigration application or in your removal case? Navigating the application, filling out forms, submitting the required documentation, or facing an immigration judge can be a daunting process, especially if you do not know the applicable laws and regulations.

The good news for applicants and respondents is that there are several options available to bring unsuccessful applications back to life, including a motion to reopen. If you have been denied a green card or have been ordered removed, Garcia & Qayum Law Group, P.A in Miami, Florida can help.

Our team of skilled and experienced legal professionals has helped many individuals go through motions to reopen their unsuccessful immigration applications and cases to achieve desirable outcomes.  We look forward to doing the same for you.

If you want to initiate a motion to reopen, keep reading to learn more about our high-end legal solutions or contact us today at 305-230-4020.

Motions to Reopen and Reconsider

If a local immigration court or the USCIS denied your application for relief, you still have certain legal options available to you. These options include:

–    Filing an immigration appeal of the decision to an appellate court
–    Asking the court that denied your application to reopen the proceedings
–    Asking the court to reconsider its decision
–    Filing a notice of appeal to contest a decision by the USCIS with a form I-290B

As a layperson, you may not be sure which option is the best for your situation. At Garcia & Qayum Law Group, we will consult with you extensively and consider your case before recommending the most suitable legal strategy to follow.

Filing a Motion to Reopen

In most cases, you will either file a motion to reopen the proceedings or a motion to reconsider the decision. A proposal to reopen is appropriate if there are new facts or evidence that was not available when the court entered the denial.

A motion to reconsider is suitable if the court that denied your request did not:

–    Consider the available evidence
–    Correctly apply the law to reach a decision

Both a motion to reopen a case and a motion to reconsider a decision must be filed within a certain time of the court entering the denial. If your application was unsuccessful, you could apply for one motion to reconsider and one to reopen.

However, there are exceptions to these limitations, and Garcia & Qayum Law Group’s legal professionals will analyze your situation to determine if you are eligible for any of them.

A petitioner may file a motion for reopening an application for relief, as long as the action is presented together with the application, the supporting documentation and the material evidence that was not available at the first hearing.

A motion to reopen is appropriate for raising claims of ineffective assistance of counsel. In these cases, attorneys or individuals who acted as attorneys conducted themselves inadequately or incompetently and caused harm, damages, or prejudice to their client’s case.

Why Would the Government Reopen your Case?

In some cases, the Department of Homeland Security or Immigration and Customs Enforcement will agree to file a motion to reopen. Opening a case again may be more cost- and time-effective than contesting.

An alien may also have new evidence or facts that were not material or readily available at first, such as health problems or a marriage.

What Evidence Do I Need to Support My Motion?

You must support your motion to reopen with the new evidentiary material that you want introduced to and considered in your case. This evidence can be, among other things, affidavits or official reports about conditions that changed in your home country.

You must show that the new evidence could not have been discovered or presented at the previous hearing. In some cases, your motion has to be accompanied by an application for relief.

Contact Garcia & Qayum Law Group, P.A. in Florida Miami

For some people, a successful immigration application represents a brighter future, career opportunities, and a higher quality of life. If your request for immigration was denied, you might feel discouraged and overwhelmed by the process of finding out which course of action is suitable for your situation.

If you use Garcia & Qayum Law Group’s services, we consider all the documentation, facts, and evidence you submitted to the court or USCIS. We will also determine if the court adequately applied the relevant legislation and if there are any new facts or evidence that was not available when the court denied your application.

Our legal team has extensive experience and skills in the areas of immigration law, and we can help you in English and Spanish.

Contact us today at 305-230-4020 to schedule an initial consultation or visit us in Miami, Florida at 3475 W. Flagler St., Miami, FL 33135.  

Garcia & Qayum Law Group, P.C. is located in Miami, FL and serves clients primarily in and around Miami and Fort Lauderdale, FL, however we do sometimes act "of counsel", or consult in other cases as well.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.