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You may be able to file a motion to reopen if you would like USCIS to review its unfavorable decision based upon new facts. Your motion to reopen must state new facts you wish to have considered by USCIS. You cannot simply reargue previously stated facts or resubmit evidence that was previously filed with USCIS. In addition to stating the new facts, you must submit affidavits and other supporting evidence to show you were eligible for the requested immigration benefit at the time your petition or application was originally filed with USCIS.

If USCIS denied your petition or application because you failed to timely respond to a request for evidence or notice of intent to deny, you may file a motion to reopen if you can demonstrate:

  • The evidence USCIS requested was not material to your petition or application;
  • You previously submitted the required to USCIS at the time of filing your petition or application;
  • You timely appeared or submitted the additional evidence during the time USCIS set for doing so; or
  • USCIS sent the request for evidence or appearance to the wrong address.

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


Not sure which option is right for you? Request a confidential consultation today.