What is a motion to reopen an immigration case?

• A motion to reopen asks the immigration court or the Board of Immigration Appeals to reopen a case based on new facts or evidence that were not available at the time of the original hearing. Motions to reopen are often subject to strict deadlines and filing requirements.

What is a motion to reconsider in immigration court?

• A motion to reconsider asks the court or the Board of Immigration Appeals to review a prior decision because of an alleged legal or factual error. Unlike a motion to reopen, it is generally based on the existing record rather than new evidence.

How long do I have to file a motion to reopen?

• In many immigration cases, a motion to reopen must be filed within 90 days of the final removal order. Some exceptions may apply, such as changed country conditions, lack of notice, or other legally recognized circumstances. Because deadlines are strict, legal advice should be sought immediately.

What is the Board of Immigration Appeals?

• The Board of Immigration Appeals, often called the BIA, is the administrative appellate body that reviews many decisions made by immigration judges. A person may appeal an immigration judge’s removal order or denial of relief to the BIA if the appeal is filed on time.

How do I appeal an immigration judge’s decision?

• To appeal an immigration judge’s decision, a Notice of Appeal is usually filed with the Board of Immigration Appeals within 30 days of the judge’s decision. The appeal may involve written legal arguments explaining why the immigration judge made an error.

How long does a BIA appeal take?

• The length of a BIA appeal varies depending on the complexity of the case, the issues involved, and the Board’s workload. Some appeals may take several months, while others may take longer than a year.

What is an immigration waiver?

• An immigration waiver is a request for forgiveness of certain immigration violations or grounds of inadmissibility. Waivers may help people overcome issues such as unlawful presence, misrepresentation, fraud, or certain criminal grounds, depending on eligibility and the type of waiver requested.

What is an I-601 waiver?

• An I-601 waiver is used to request forgiveness for certain grounds of inadmissibility, such as unlawful presence, fraud, misrepresentation, or certain criminal issues. Many I-601 waivers require proof that a qualifying U.S. citizen or lawful permanent resident relative would suffer extreme hardship if the waiver is denied.

What is an I-601A provisional waiver?

• An I-601A provisional waiver allows certain individuals who are physically present in the United States to request a waiver of unlawful presence before leaving the country for an immigrant visa interview. This can reduce the time a family is separated during consular processing.

What does extreme hardship mean in an immigration waiver case?

• Extreme hardship means hardship that goes beyond the normal consequences of family separation or relocation. It may include medical conditions, financial hardship, psychological impact, family responsibilities, country conditions, educational disruption, or other serious factors affecting a qualifying relative.