Yes, but the process is different. If removal proceedings are pending before an immigration judge, a motion to reopen the immigration court case goes to the immigration judge — not to USCIS. If there is a final order of removal and the BIA has already decided the appeal, a motion to reopen goes to the Board of Immigration Appeals.
The deadlines and legal standards for motions to reopen in immigration court and at the BIA differ from USCIS motions. In immigration court, a motion to reopen must generally be filed within 90 days of the final order of removal, with limited exceptions.
Can You File a Motion to Reopen After an In Absentia Removal Order?
Yes. An in absentia removal order — issued because the person did not appear for a court hearing — can sometimes be challenged through a motion to reopen. The motion must establish that the person did not receive proper notice of the hearing or that exceptional circumstances beyond the person’s control caused the failure to appear.
The BIA has tightened the standards for reopening in absentia orders. Act quickly. Delays significantly reduce the chances of success. Learn more about how the BIA handles motions to reopen after removal orders.
What Happens Next?
USCIS reviews the motion and supporting evidence. The agency may approve the motion and reopen the case for further consideration, deny the motion, or in some cases schedule a new interview.
If USCIS denies the motion, further options may include an appeal to the Administrative Appeals Office or, in appropriate cases, federal court litigation. Not every case has further appellate options, which is why preparing the strongest possible motion the first time matters enormously.
Does Filing a Motion to Reopen Stop Deportation?
Filing a motion to reopen with USCIS does not automatically stop deportation. If ICE has an active removal order or has scheduled a deportation, a separate request for a stay of removal may be necessary. A stay of removal asks the government or a court to pause deportation while the motion is pending.
Do not assume that filing a motion automatically provides protection. Speak with an immigration attorney immediately if you are facing imminent removal while a motion is pending.
Should You File a Motion to Reopen or Refile a New Application?
This is one of the most important strategic decisions after a USCIS denial. In some cases, refiling a stronger new application is faster and more effective than filing a motion to reopen. In other cases, a motion to reopen is the only available option. This applies when a new filing would trigger additional consequences such as accrual of unlawful presence, loss of a priority date, or placement into removal proceedings.
An experienced immigration attorney can evaluate the specific facts, deadlines, immigration history, and legal options before making this decision.
Shepelsky Law Group Supports Immigration Cases Nationwide
At Shepelsky Law Group, our attorneys handle motions to reopen and reconsider across every major immigration category — asylum, VAWA, T visas, U visas, marriage green cards, family petitions, employment-based cases, and humanitarian applications.
A denial is not always the end. The right motion, filed on time with strong evidence and a clear legal argument, can reverse a USCIS decision and put your immigration case back on track.
Call Shepelsky Law Group at (718) 769-6352 or book your consultation directly at shepelskylaw.cliogrow.com/book.