Motion To Reopen Lawyer Albany County NY | SRIS, P.C.
Motion To Reopen Lawyer Serving Albany County, New York
If your immigration case was denied or you missed a hearing, a Motion to Reopen may be your legal remedy. In Albany County, filing a timely and correctly argued Motion To Reopen is critical to preserving your right to remain in the U.S. Law Offices Of SRIS, P.C. provides strategic representation for Albany County residents facing deportation or case denials.
What Is a Motion to Reopen in Immigration Law?
The Immigration and Nationality Act (8 U.S.C.) and regulations under Title 8 of the Code of Federal Regulations (8 C.F.R.) govern Motions to Reopen. This legal filing asks an immigration judge or the Board of Immigration Appeals (BIA) to re-examine a case based on new facts or evidence that was not available at the time of the original decision. It is distinct from a Motion to Reconsider, which argues errors in the application of law.
Last verified: April 2026 | Albany County Supreme Court | USCIS Laws & Policy
Founded in 1997 by former prosecutor Mr. Sris, our firm brings decades of combined experience to complex immigration challenges. A successful Motion To Reopen Lawyer Albany County NY must handle strict deadlines and procedural hurdles.
Official Government Resources
Understanding the legal framework is essential. You can review the Immigration and Nationality Act on the official USCIS website. For procedures specific to the courts handling Albany County cases, refer to the Executive Office for Immigration Review (EOIR) guidelines.
The Process for Filing a Motion to Reopen in Albany County
Albany County residents’ immigration cases are typically heard at the New York Immigration Court locations in Manhattan. The process is highly formalized. A Motion To Reopen Attorney Albany County NY must ensure every procedural box is checked to avoid summary denial.
- Case Evaluation & Deadline Check: Determine if the 90-day filing deadline applies or if an exception for “changed circumstances” or “extraordinary situations” is viable.
- Gather New Evidence: Compile all new, material evidence that was not previously available and could change the outcome of your case.
- Draft the Legal Motion: Prepare Form EOIR-40 or a written motion, including a detailed legal argument, supporting affidavits, and indexed exhibits.
- File with the Correct Court: File the motion with the immigration court or BIA that issued the original order, paying attention to specific filing instructions and fees.
- Prepare for Possible Hearing: If the motion is granted, your case will be reopened, and you may need to prepare for a new merits hearing.
- Consider Appeals: If the motion is denied, you may have the right to appeal that decision to the next higher administrative authority.
Potential Outcomes and Strategic Considerations
In Albany County, a successfully granted Motion to Reopen can reverse a deportation order, allow you to present new relief applications like asylum or cancellation of removal, and ultimately preserve your ability to live and work in the United States.
The strategic value of a Motion To Reopen Law Firm Albany County NY cannot be overstated. It is often a last-chance remedy before deportation orders become final.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Immigration Motion
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience and more than 4,739 documented case results firm-wide, we approach each case with depth and precision. Our founder, Mr. Sris, a former prosecutor, maintains a focused practice on complex legal strategies. We understand the high stakes of immigration motions and provide dedicated, case-specific advocacy.
Our Record in Immigration Law
SRIS actively practices in New York immigration matters. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our experience includes successfully filed Motions to Reopen based on new evidence, changed country conditions, and ineffective assistance of prior counsel.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Albany County Immigration Attorneys
Our New York location serves clients in Albany County. We are accessible via I-87, I-90, and I-787.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
We serve Albany, Colonie, Guilderland, Bethlehem, Delmar, Cohoes, Watervliet, Ravena, and New Scotland. Looking for a Motion To Reopen lawyer near Albany County? Call for a 24/7 phone consultation. Meetings are by appointment only.
Motion to Reopen FAQs for Albany County
What is the deadline to file a Motion to Reopen?
Generally, 90 days from the final immigration order. However, exceptions exist for “changed country conditions” or “extraordinary circumstances,” which may allow for an untimely filing. An attorney can evaluate if your situation qualifies.
Can I file a Motion to Reopen if I was deported in absentia?
Yes. If you missed your hearing, you must file within 180 days and prove you did not receive notice or that “exceptional circumstances” prevented your attendance. This is a strict standard requiring strong evidence.
What kind of new evidence is required?
It depends. The evidence must be material, previously unavailable, and likely to change the case outcome. Examples include new country condition reports, newly discovered documents, or evidence of a qualifying family relationship that was not previously proven.
What is the difference between a Motion to Reopen and a Motion to Reconsider?
A Motion to Reopen presents new facts/evidence. A Motion to Reconsider argues the judge made an error of law or policy based on the existing record. A Motion To Reopen Lawyer Albany County NY can advise which is appropriate for your case.
How long does it take for a decision?
There is no set timeline. The immigration court or BIA has broad discretion. It can take several months to over a year for a ruling, during which time any removal order is typically stayed.
Related Practice Areas: Criminal Defense Lawyer Albany County NY | Family Law Lawyer Albany County NY
Other New York Immigration Lawyers: Immigration Lawyer New York County | Immigration Lawyer Kings County
State Hub: New York Immigration Lawyer
Page last verified: 2026-04. Immigration law and court procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your Motion To Reopen in Albany County.