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Filing a motion to reopen an immigration case with new evidence

Can I Reopen My Immigration Case? Motions and Deadlines

Yes, you can often reopen an immigration case, but the rules depend on who decided it and how much time has passed. Reopening an immigration case comes down to filing the right motion in the right place: a motion to reopen or reconsider with USCIS on Form I-290B after a USCIS denial, or a motion to reopen with the immigration court or Board of Immigration Appeals after a removal order. Deadlines are short, usually 30 to 90 days, though narrow exceptions exist.

This guide explains the two main paths, the deadlines, and the exceptions that can extend them. It connects to our guides on responding after a USCIS RFE و appealing a visa denial.

Received a denial or removal order and think it was wrong? Atlas Legal can assess whether a motion to reopen fits your case and the deadline. Contact our team right away.

الوجبات الرئيسية

  • Where you file depends on who decided your case: USCIS or the immigration court.
  • USCIS motions use Form I-290B, generally within 30 days of the decision.
  • Immigration court motions to reopen generally have a 90-day deadline.
  • A motion to reopen presents new facts; a motion to reconsider argues legal error.
  • Exceptions can extend deadlines in limited situations, such as changed country conditions.

What This Guide Covers

Reopen vs Reconsider

There are two related tools, and choosing the right one matters. A motion to reopen is based on new facts or evidence that were not available before, supported by documentation. A motion to reconsider argues that the decision was legally wrong based on the existing record.

Sometimes you file both together. The key is that reopening introduces new information, while reconsideration challenges how the law was applied to the facts already in the file.

Reopening a USCIS Decision

If USCIS denied a petition or application, you generally file Form I-290B to request a motion to reopen or reconsider, usually within 30 days of the decision. The motion goes to the office that made the decision.

You must explain the basis clearly and attach supporting evidence. For a reopen, that means new facts and documents; for a reconsider, that means legal argument showing the decision misapplied the law or policy to your case.

Reopening a Court Removal Order

If an immigration judge ordered you removed, you generally file a motion to reopen with the immigration court, or with the Board of Immigration Appeals if it had the case. The general deadline is 90 days from the final order, with limits on how many motions you can file.

Who decided the case Where to file General deadline
دائرة خدمات الهجرة والجنسية الأمريكية Form I-290B to the deciding office About 30 days
Immigration judge Motion with the immigration court About 90 days
Board of Immigration Appeals Motion with the BIA About 90 days
Strict deadlines apply to motions to reopen an immigration case
Deadlines are usually 30 or 90 days, so act fast.

Deadlines and Exceptions

Deadlines are strict, but some exceptions can extend or lift them. For removal cases, a motion to reopen based on changed country conditions for asylum may not be subject to the usual time and number limits. An in absentia removal order, entered when you missed a hearing, has its own reopening rules.

Other exceptions include reopening based on ineffective assistance of counsel, subject to specific procedural requirements, or joint motions agreed to by the government. Because exceptions are narrow and technical, confirm which one, if any, applies.

What Makes a Motion Stronger

A strong motion is specific, timely, and well supported. For a reopen, the new evidence should be material and previously unavailable, not something you could have submitted earlier. For a reconsider, the legal argument should point to the exact error and authority.

Meeting the deadline is often the single most important factor. A late motion usually needs to fit an exception, so acting quickly after a decision preserves the most options.

Deadlines for reopening move fast, often 30 or 90 days. If you may have missed one, do not wait. Ask Atlas Legal to check your options now.

Common Mistakes to Avoid

  • Missing the deadline. Late motions usually need a narrow exception.
  • Filing the wrong motion. Reopen and reconsider serve different purposes.
  • Submitting old evidence as new. Reopening needs previously unavailable facts.
  • Filing in the wrong place. The forum depends on who decided the case.

When to Work With an Immigration Attorney

Motions to reopen are technical, deadline-driven, and often a last chance, which makes legal help important. It is valuable when you received a denial or removal order, when you have new evidence or believe the law was misapplied, when you missed a hearing, or when you think a deadline may have passed but an exception could apply. An attorney can choose the right motion and forum. Eligibility and outcomes depend on the facts of each case.

الأسئلة الشائعة

Can I reopen my immigration case?

Often yes, depending on who decided it and the timing. After a USCIS denial, you generally file Form I-290B within about 30 days. After a removal order, you file a motion to reopen with the immigration court or the Board of Immigration Appeals, generally within 90 days. A motion to reopen presents new facts, while a motion to reconsider argues legal error. Narrow exceptions can extend some deadlines.

What is the difference between reopen and reconsider?

A motion to reopen is based on new facts or evidence that were not available when the decision was made, supported by documentation. A motion to reconsider argues that the decision was legally wrong based on the record that already existed. You can sometimes file both. Choosing correctly matters, because each addresses a different problem with the original decision.

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

For a USCIS decision, the deadline is generally 30 days from the decision, filed on Form I-290B. For an immigration court or Board of Immigration Appeals removal order, the general deadline is 90 days. These deadlines are strict, and there are limits on how many motions you can file. Certain exceptions can extend them, but acting quickly is the safest approach.

Can I reopen a case after the deadline?

Sometimes, if an exception applies. For removal cases, a motion based on changed country conditions for asylum may not be subject to the usual time and number limits. In absentia orders and ineffective-assistance claims have their own rules, and the government may agree to a joint motion. These exceptions are narrow and technical, so confirm whether one fits before assuming a late motion is possible.

What is an in absentia removal order?

An in absentia order is a removal order entered when you did not appear at your immigration court hearing. It has special reopening rules, for example if you did not receive proper notice or missed the hearing due to exceptional circumstances. The deadlines and requirements differ from ordinary motions. If you were ordered removed for missing a hearing, prompt legal advice is important.

Does filing a motion to reopen stop my removal?

Not automatically. Filing a motion to reopen does not by itself stay, or pause, your removal in every case. You may need to request a stay of removal separately. Because the interaction between a motion and a removal order is time-sensitive and complex, it is important to act quickly and, ideally, with counsel who can request the appropriate protection.

How many times can I reopen a case?

There are limits. In removal proceedings, you are generally allowed one motion to reopen, subject to exceptions such as changed country conditions for asylum. USCIS motions also have constraints. Filing repeated or meritless motions is not a strategy. Because you often get one real chance, it is important to make the motion complete, timely, and well supported the first time.

Can I reopen if my lawyer made a serious mistake?

Possibly, through a motion based on ineffective assistance of counsel. This requires meeting specific procedural steps, which generally include documenting the claim and notifying the former attorney of the allegation. The mistake must have affected the outcome. Because these requirements are strict, a motion of this kind should be prepared carefully, ideally with a new attorney experienced in these claims.

خلاصة القول

You can often reopen an immigration case, but the path depends on who decided it and the deadline. USCIS motions use Form I-290B within about 30 days; court removal orders generally allow 90 days. Reopen presents new facts, reconsider argues legal error, and narrow exceptions can extend some deadlines. Act fast, because timing usually controls. Each case depends on its own facts.

If you received a denial or removal order, Atlas Legal Immigration Law can assess a motion to reopen. Reach us at 1750 E Golf Rd Ste 214, Schaumburg, IL 60173, call (+1) 872 382 2762, or email info@theatlaslegal.com. Learn more on our services page.

Reviewed by the Atlas Legal Immigration Law editorial team. Last reviewed on July 24, 2026.

Sources

This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws, government fees, policies, and processing times may change. Reading this article or contacting Atlas Legal does not by itself create an attorney-client relationship. The outcome of any immigration matter depends on its individual facts and circumstances.

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