Appeals and Motions to Reopen

Tampa Immigration Appeals

If your immigration case is denied by the local immigration court or USCIS, you still have legal options to achieve the future you desire. The Tampa Immigration Attorneys at Neil F. Lewis, PA can analyze the facts of your case and help you decide what the next steps should be.

Although you may file an appeal to an appellate court, you can also exercise your right to ask the court that denied your case to reopen the proceedings and/or reconsider its previous decision.

A motion to reopen generally seeks that the Immigration Court, Board of Immigration Appeals, or the Agency reopen the case based upon new factual evidence that was not reasonably available at the time the original motion or hearing occurred and was then denied.  , Motions to Reopen or Reconsider must be filed 90 days after the order denying your case is entered, although some exceptions apply, which our attorneys can discuss with you. In addition to these time limitations, the motion is also generally numerically limited to one motion to reopen and one motion to reconsider. Our attorneys have successfully taken on dozens of cases to successful conclusions by finding exceptions to these rules.

A petitioner can also move to reopen for the purpose of submitting a new separate grounds for relief. If supporting documentation, and the evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing, these hearings are often successful. Since some immigration cases take a long time to resolve, our clients’ lives can change over time. In certain cases for example, our clients will marry US citizens after an initial decision is rendered by the immigration court. In that case, it would mean that those proceedings may possibly be reopened to allow the marriage petition to move forward.

Motions to reopen can also be based on ineffective assistance of counsel claims. Regrettably, this occurs far too often where an attorney (or someone who held themselves out to be an attorney) did poor “work,” harming and prejudicing the client’s case due to their ineptitude.

The law firm of Neil F. Lewis, PA frequently and successfully represents clients who come to them after having been previously represented by another attorney or notario. If you or a loved one has had your case denied by the US or a Court, our Tampa Immigration Attorneys may be able to help you reopen your case and fight aggressively to keep your family together. Call now for a consultation (813) 226-2144.

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