Motions to Reopen

Immigration Attorney in Charlotte, NC

If you reside in Charlotte or anywhere in the world, and you would like to have the decision of any type of immigration case reopened or reconsidered, you will need to have a motion submitted to an Immigration Judge or the Board of Immigration Appeals. It is highly recommended in this situation that you consult with the immigration lawyer at Kelli Y. Allen Immigration Law. The firm is devoted exclusively to immigration law matters and Attorney Kelli Allen can provide you with thorough and capable assistance in the handling of your case.

The purpose of submitting a motion to reopen an immigration case is so that you will have the opportunity to present new and additional evidence that is important to your case which was not available at the time of your original hearing. A motion to reopen consists of a special petition which your Charlotte immigration attorney will file with the immigration court which will allow you to go back to court, hopefully to avoid being deported.

If you have a deportation order from the past, it is important that you consult with the immigration attorney at the firm before going to any immigration hearing or interview. If you show up for an interview and there is an order for your deportation, you may be arrested at the immigration office and deported without having the opportunity of defending your case. Only if you file a motion to reopen will you be allowed to present your new information to the immigration court.

When Can You File a Motion to Reopen?

A motion to reopen is normally filed within 90 days of the final removal order. The filing of the motion does not waive the removal order unless a stay is ordered by the Immigration Judge or the Board of Immigration Appeals. If you were ordered deported in absentia, meaning you were not able to attend the hearing, you may still be able to reopen your case many years later.