Motions to the Immigration Court
A motion is a formal, written request that is filed with the court. One such kind of motion is the motion to reopen, which asks the court to rescind (take away) an Order of removal (or deportation) that was entered against someone when he or she failed to appear in court for a scheduled hearing. When someone has been informed when he must appear in immigration court, but does not appear, he can be ordered removed in his absence, which is called an in absentia Order.
If you have an in absentia deportation or removal order against you, then you must have that case reopened first before you can seek any discretionary relief, such as adjustment of status. You must file your motion to reopen as soon as possible after you discover the existence of the order. This shows to the immigration judge your interest in trying to fix your immigration situation.
Of course, you should consult with an experienced immigration lawyer to discuss the possibilities of filing a motion to reopen.
There are many other types of motions that are filed with the immigration court. Each motion must be carefully worded and follow the rules of the immigration courts concerning motions.
Motions to the USCIS
When a person is not in removal proceedings, and her application is denied by the USCIS, she does not appeal to the BIA; rather, she has to file a motion with the USCIS. The most common motion to the USCIS is a motion to reopen (or reconsider) a denial of an application for adjustment of status .
If your application for permanent resident status has been denied, you have a limited time to file a motion to reopen or reconsider with the USCIS. When a person files such a motion, he must pay a filing fee to the USCIS. You should consult with an experienced immigration attorney as soon as you receive a denial.
