You may be able to file a motion to reconsider with USCIS if the unfavorable decision is the result of USCIS incorrectly applying the law or USCIS policy. Your motion must establish USCIS’s decision was incorrect based upon the facts as existed at the time the decision was made. In your motion to reconsider, you must cite applicable law including statutes, regulations, or precedent decisions.

You typically have to file a motion to reconsider within 30 days of USCIS’s decision. If you properly file a motion to reconsider, USCIS will issue a new decision. However, it is important to note that filing a motion to reconsider does not suspend the implementation of the unfavorable decision or extend your ability to remain in the United States.