Knowing how to file a motion to reopen immigration case can make the difference between keeping your lawful status in the United States or facing a removal order.
There are two main paths:
- Motion to Reopen: used when there are new facts or evidence that were not previously submitted.
- Motion to Reconsider: applies when the authority made a legal or procedural error in deciding your case.
In practice, to reopen a case you should:
- Identify the authority that issued the decision (USCIS or immigration court EOIR).
- File on time: generally 90 days to reopen or 30 days to reconsider.
- Use the correct form:
- I-290B if USCIS decided the case.
- Motion to Reopen/Reconsider if a judge or the BIA decided the case.
- Attach strong evidence: documents and arguments showing prior error or new, material information.
Below you will see how these motions differ, how to file them, deadlines and fees, and how an immigration lawyer can help you get your case back on track.
How to file a motion to reopen immigration case: Motion to Reopen vs. Motion to Reconsider
A Motion to Reopen is used when there are new facts or evidence that did not exist or could not be included at the original hearing.
A Motion to Reconsider seeks to correct a decision due to misapplication of the law or an erroneous interpretation of the facts.
Both are filed with the same authority that issued the initial decision, with different procedures depending on the case:
- If USCIS decided, use Form I-290B (Notice of Appeal or Motion).
- If a Immigration Judge (IJ) or the BIA decided, file directly with that court.
Key differences
| Type of motion | Reason | New evidence? | Authority |
| Motion to Reopen | New facts/documents | Yes | USCIS / EOIR |
| Motion to Reconsider | Legal or interpretation error | No | USCIS / EOIR |
Practical example: After an asylum denial, new medical reports corroborate persecution. A Motion to Reopen is appropriate due to new evidence.
If your case was denied by USCIS and you want to appeal, see how to appeal an immigration decision.
Deadlines and exceptions to reopen an immigration case
Timeframes depend on the authority (USCIS or EOIR). Filing late usually leads to denial unless an exception applies.
Cases before EOIR (IJ/BIA)
- Reopen: within 90 days of the final order.
- Reconsider: within 30 days.
- Exceptions:
- In absentia order (for missing the hearing): up to 180 days for exceptional circumstances, or any time if there was no notice or you were in custody.
- Joint motion with DHS: no time limit.
Cases before USCIS (I-290B)
- General deadline: 30 days from the notice (33 if mailed).
- USCIS often reviews motions in about 90 days and the AAO aims to resolve appeals in up to 180 days after receiving the complete record.
Practical example: With an in absentia removal order, you may reopen if you prove lack of notice or detention on the hearing date.
For measures that could pause removal while your motion is pending, see “How to stop removal proceedings.”
USCIS process (I-290B): when to use it, timelines, and tracking
If USCIS denied your case, the path is Form I-290B (Notice of Appeal or Motion).
With this form you can:
- Appeal to the AAO, and/or
- File a motion to reopen or reconsider with the office that issued the decision.
It is useful to reopen an immigration case before USCIS without going to court.
Eligibility depends on the denied immigration benefit.
General filing
- Deadline: 30 days from notice (or 33 if mailed).
- Revocation of an approval: 15 days (18 if mailed).
- Fees: include payment; you may request a fee waiver (I-912) for financial hardship.
- Evidence to reopen: new facts/documents not available at the time of decision.
Timing and tracking
The USCIS office does an initial review. If it upholds the decision, it forwards the case to the AAO, which seeks to resolve it in about 180 days after receiving the full record.
- Motions before USCIS average about 90 days (this can vary).
- Check status in Case Status Online with your I-797C receipt number.
Request for Evidence (RFE)
USCIS may issue a Request for Evidence (RFE) before deciding whether to reopen or reconsider.
Respond within the deadline and with complete evidence to avoid delays or denials.
Practical example: A mother with a denied U visa files I-290B with new medical evidence. USCIS reopens without going to court.
Reopening before the immigration court (EOIR): requirements, fees, and fee waivers
If an Immigration Judge or the BIA decided your case, you must proceed before EOIR.
Understanding how to file a motion to reopen immigration case in EOIR requires meeting specific technical requirements.
Basic requirements
- Include a cover page titled “Motion to Reopen” or “Motion to Reconsider.”
- Attach supporting documentation (declarations, new evidence) and EOIR-28/EOIR-61 if represented.
- Service of process on DHS.
- Pay the filing fee or include a fee waiver request.
Current fees
- $145 USD before an Immigration Judge.
- $895 USD before the BIA.
Governed by 8 CFR § 1103.7 (DOJ).
General deadlines
Motions to Reopen must be filed within 90 days of the final decision, and Motions to Reconsider within 30 days.
Only one motion is allowed, except for motions filed jointly with DHS (joint motions) or those based on changed country conditions.
Joint motion with DHS
This motion has no time or number limits and is often more viable when the government agrees to reopen.
Check your case status: EOIR’s automated line (1-800-898-7180) or consult your attorney.
To understand how proceedings start, review the Notice to Appear (NTA).
Practical example: An asylum applicant submits new country-conditions reports showing increased violence. EOIR grants the motion and schedules a new hearing.
Valid evidence for a Motion to Reopen
A Motion to Reopen requires new evidence that was not available at the original hearing.
This is one of the most important keys to understanding how to file a motion to reopen immigration case successfully.
Examples of evidence:
- Sworn statements from the applicant or witnesses.
- Subsequent medical, psychological, or employment reports.
- Reports on changed country conditions (violence, persecution, instability).
- New family documentation (marriage to a U.S. citizen, birth of children).
- Recent immigration or court records.
The evidence should show current eligibility and that the new facts would have affected the prior outcome.
If you are outside the deadline, changed country conditions may justify an exception for:
- Asylum
- Withholding of removal
- Convention Against Torture (CAT)
Personal changes can support reopening, but they often require a joint motion.
Practical example: With a removal order, the applicant proves a U.S. citizen child has a serious illness. The court reopens based on recent medical evidence.
Ineffective assistance of counsel (Lozada)
Another common basis is ineffective assistance of counsel under Matter of Lozada.
This occurs when prior counsel acted negligently or harmed the outcome.
Department of Justice requirements
- Affidavit from the applicant explaining the agreement and deficiency.
- Formal notice to prior counsel with an opportunity to respond.
- Disciplinary complaint to the bar/agency, or a reasonable explanation if none was filed.
Meeting all three is critical. If any is missing, the IJ or BIA may deny without reaching the merits.
When there were criminal consequences, beyond reopening you may seek post-conviction relief to mitigate effects.
Practical example: Counsel failed to submit marriage evidence. With sworn statements and a retainer agreement, the applicant meets Lozada and succeeds in reopening the immigration case.
Processing times
Time varies by authority and case complexity:
- USCIS: motions about 90 days; may be extended due to an RFE or AAO review.
- AAO: appeals up to about 180 days from receipt of the complete record.
- EOIR: varies by court workload and case type.
Practical example: With I-290B and a fee waiver request, USCIS grants the fee waiver and reopens without additional cost.
Common mistakes and final tips
Even with solid grounds, a Motion to Reopen can be denied for technical faults or lack of evidence.
Frequent errors
- Filing late without justifying an exception.
- Omitting evidence or failing to explain why it wasn’t submitted earlier.
- Improper DHS service.
- Confusing administrative closure with reopening.
- Using the wrong forms or mailing addresses.
Consult the EOIR Policy Manual for formal rules and formats. The BIA Practice Manual details filing, deadlines, and exceptions.
Final tips
- Act quickly. Timing preserves eligibility.
- Provide recent, complete evidence.
- Verify deadlines and status with USCIS or EOIR.
- Work with your attorney to avoid errors.
If the case is reopened, you may be eligible for cancellation of removal or other relief.
Practical example: The court denies a motion for failing to include proof of service on DHS. With new counsel, a joint motion is filed and the case is reopened.
FAQs about reopening an immigration case
Below we answer common questions about reopening immigration cases, timelines, valid grounds, and the differences between motion types.
Can a closed immigration case be reopened?
Yes. If there are new facts or evidence, or if you can show that you did not receive notice of the hearing, it is possible to reopen a closed immigration case.
Both USCIS and the immigration court (EOIR) may review a motion even years later, as long as statutory exceptions are met, such as in absentia orders or joint motions with the government.
Can I reopen my immigration case?
Yes, but you must show valid grounds: submit new evidence, demonstrate legal error, or establish ineffective assistance of counsel.
You may also request joint reopening with DHS if both parties agree.
How long does a motion take?
Generally, a Motion to Reopen with USCIS takes about 90 days, while appeals to the AAO can take up to 180 days.
Court timelines depend on the tribunal’s workload and case type.
What is an immigration motion?
It is a formal request filed with USCIS or EOIR asking to review a prior decision.
It can be a Motion to Reopen (based on new facts) or a Motion to Reconsider (based on legal or procedural error).
How do I know if my immigration case is closed?
You can check by calling EOIR’s automated line (1-800-898-7180) or using USCIS Case Status Online with your receipt number.
You may also ask your attorney for a copy of the court record to confirm your case status.
To understand what happens after a custody order or an appearance notice, see: “What happens at a bond hearing.”
How Curbelo Law helps you reopen an immigration case
If you need to reopen your immigration case, Curbelo Law has extensive experience with motions before USCIS and EOIR. We analyze your history and define the most effective strategy.
Our team helps you:
- Determine whether a Motion to Reopen or a Motion to Reconsider is appropriate.
- Gather evidence, affidavits, and certified translations.
- File the motion meeting all technical requirements.
- Request a stay of removal while the motion is pending.
- Identify relief options after reopening.
If you are undocumented and seeking to regularize your status, read: How can an undocumented immigrant become legal in the U.S.?
Contact us for a confidential evaluation. At Curbelo Law we protect your rights and work to restore your immigration stability.
