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How long does it take for USCIS motion to reopen?

Motion to Reopen Processing Time You can expect a response from the USCIS office within 90 days of filing your motion. This, like the USCIS appeal processing time, may be shortened, but it is more often extended.

What are motions to reopen USCIS?

A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. 103.5.

What is the USCIS request to reopen?

A USCIS motion to reopen asks the office that made the unfavorable decision to reopen your case. Unlike a motion to reconsider, USCIS allows you to present new facts and evidence proving your eligibility at the time of your application.

How long does it take to reopen a case with USCIS?

AAO appellate review: The AAO strives to complete its appellate review within 180 days from the time it receives a complete case record after the initial field review. Some cases may take longer than 180 days due to factors beyond the AAOs control.

What should be included in a motion to reopen?

A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R.

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What happens after motion to reopen is approved?

If the immigration court grants a motion to reopen, the applicant will have an opportunity to present the new evidence at the next hearing. Afterward, the immigration judge will rule on the case based on the new proofs presented.

How do I reopen an immigration court case?

Deadline for filing the motion to reopen You have to file a motion within 90 days of the date of entry of a final administrative order of removal. This means that an immigration judge or BIA needs to receive your motion within this deadline.

What is a written request for USCIS to reopen a case?

A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts. The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition.

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