8 Essential Things to Know Before Filing a Motion to Reopen with USCIS

Key Takeaways

• Motions to Reopen must be filed within 90 days for Immigration Court, 30-33 days for USCIS decisions.
• New evidence must be material and unavailable at the original decision time to qualify.
• Pending relief applications are insufficient; relief must be approved before filing a Motion to Reopen.

If you have received a denial from USCIS or an Immigration Court, you may be considering a Motion to Reopen as a way to get your case reviewed again. Recent policy updates and stricter rules make it more important than ever to understand what has changed, who is affected, and what steps you need to take right away. Here’s a detailed update on the current rules for filing a Motion to Reopen, including deadlines, requirements, and practical advice for those with pending applications.

What Has Changed: Key Updates for 2025

The rules for filing a Motion to Reopen with USCIS or Immigration Court have become more strict in several important ways:

• Deadlines are strictly enforced: There is very little room for late filings, and exceptions are rare.
• New evidence must be strong and truly new: Only facts or documents that were not available before the original decision can be used.
• Pending applications alone are not enough: If your relief application (like asylum or adjustment of status) is still pending with USCIS, a Motion to Reopen is unlikely to be granted unless that application has already been approved.
• Procedural requirements are more detailed: The way you file, the forms you use, and the documents you include all matter more than ever.
• Policy clarifications now affect who can file and when: Especially for those who have left the United States 🇺🇸 or who have removal orders.

Let’s break down what these changes mean for you, who is affected, and what you should do next.

Who Is Affected by These Changes?

These updates impact several groups:

• Immigrants who have received a final denial or removal order from USCIS or Immigration Court and want to present new evidence.
• People with pending applications for relief (like asylum, adjustment of status, or cancellation of removal) who are considering a Motion to Reopen.
• Those who have left the United States 🇺🇸 after a removal order or who are under a voluntary departure order.
• Employers and families sponsoring immigrants whose cases have been denied.
• Attorneys and accredited representatives who help clients with immigration cases.

If you are in any of these groups, it’s important to understand the new rules and act quickly.

Effective Dates and Current Rules

The most recent policy updates took effect in 2025, with some rules (like the EAD extension period) updated in 2023. These rules apply to all Motions to Reopen filed after these dates. Always check the latest guidance on the USCIS Policy Manual for the most current information.

What Is a Motion to Reopen?

A Motion to Reopen is a formal request asking USCIS or an Immigration Court to look at your case again after a final decision has been made. The main reason to file is if you have new, important evidence or facts that were not available when your case was first decided. This new evidence must be strong enough that it could change the outcome of your case.

For example, if you were denied asylum because you could not prove danger in your home country, but now you have new reports or documents showing increased risk, you may have grounds for a Motion to Reopen.

Strict Filing Deadlines: What You Need to Know

Deadlines are one of the most important parts of the process. Missing a deadline can mean your motion is rejected, no matter how strong your new evidence is.

• Immigration Court Cases: You must file your Motion to Reopen within 90 days of the final order by the Immigration Judge.
• USCIS Decisions: You must file within 30 days of the denial or dismissal, or 33 days if the decision was mailed to you.

Exceptions for Late Filing
USCIS may excuse a late filing only if you can show the delay was reasonable and truly beyond your control. These exceptions are very rare, so it’s best to file as soon as possible.

What Counts as “New Evidence”?

The new evidence you present must meet two main tests:

1. It must be material: This means it is important enough that it could change the result of your case.
2. It must be previously unavailable: You could not have found or used this evidence at the time of your original hearing or decision.

Examples of new evidence include:

• Updated country reports showing changed conditions for asylum seekers
• Medical records or police reports that were not available before
• New eligibility for relief, such as a change in family or work status

If your evidence does not meet these standards, your Motion to Reopen will likely be denied.

Filing Requirements and Documentation

Filing a Motion to Reopen is not just about sending in new evidence. You must follow strict rules about how you file and what you include.

For Immigration Court Cases:

• Clearly label your filing as a “MOTION TO REOPEN”.
• Include a cover page as required by EOIR guidelines.
• If you have a lawyer or accredited representative, include Form EOIR-28 (for attorneys) or Form EOIR-61 (for accredited representatives).
• File a change of address form (EOIR-33/IC) if you have moved.
• Include the correct filing fee or a request for a fee waiver if you cannot pay.
• If your motion is based on eligibility for relief (like asylum or adjustment of status), include a copy of your application and all supporting documents.

For USCIS Cases:

• Use Form I-290B, Notice of Appeal or Motion to file your motion.
• Attach all new evidence and a clear explanation of why it was not available before.
• Pay the required fee or submit a fee waiver request (Form I-912) if you qualify.

Important: If you do not follow these steps exactly, your motion may be rejected without review.

Motions Based on Pending Applications: New Limitations

A major change in 2025 is that motions to reopen based only on a pending application for relief with USCIS will usually not be granted. This means:

• If you have filed for asylum, adjustment of status, or another benefit, but USCIS has not yet approved it, you cannot use that as the sole reason to reopen your case.
• The Immigration Court or USCIS wants to see that the relief has already been granted before they will consider reopening your case.

This rule is especially important for people who are waiting for a decision on their application. If your application is still pending, you may need to wait for approval before filing a Motion to Reopen.

Consequences of Non-Compliance and Departure

There are serious risks if you do not follow the rules or if you leave the United States 🇺🇸 after a removal order:

• Departure Bar: If you file a Motion to Reopen before leaving under a voluntary departure order, your motion may be considered withdrawn.
• After Removal or Departure: Motions to reopen can still be decided, but your chances may be lower.
• Failure to Comply with a Removal Order: Not leaving the United States 🇺🇸 as ordered can hurt your chances of having your motion granted.
• Naturalization Cases: If negative information comes up after your naturalization is approved but before your Oath of Allegiance, or if you miss your oath ceremony without a good reason, USCIS may reopen your case.

Practical Effects and Expert Recommendations

Filing a Motion to Reopen can help reverse a deportation order or denial of benefits if you have strong new evidence. However, the process is complex and the stakes are high.

Expert Tips:

• Hire an experienced immigration attorney: The rules are strict and mistakes can be costly. A lawyer can help you gather the right evidence and file correctly.
• Act quickly: Deadlines are short and extensions are rare.
• Be thorough: Include all required forms, evidence, and explanations. Missing documents can lead to automatic denial.
• Use changed country conditions: If you are seeking asylum, new reports about your home country can be powerful evidence.
• Correct errors: If the original decision was based on a mistake, explain this clearly and provide proof.

As reported by VisaVerge.com, many applicants lose their chance to reopen a case because they miss deadlines or fail to include the right documents. Careful preparation is key.

Recent Policy Updates and the Future

USCIS and EOIR continue to update their rules to make the process more strict and clear. The most recent changes focus on:

• Strict deadlines: No late filings unless you have a very good reason.
• Stronger evidence requirements: Only truly new and important evidence will be considered.
• Relief must be approved first: Pending applications are not enough.
• Longer EAD extensions: For those with employment-based cases, the automatic extension period for work permits is now 540 days, which may help some applicants keep working while their motion is reviewed.

Immigration attorneys and advocacy groups say these changes make it more important than ever to file on time and with complete documentation.

Next Steps: What Should You Do Now?

If you are thinking about filing a Motion to Reopen, here’s what you should do:

1. Check your deadline: Count the days from your final order or denial. Do not wait.
2. Gather new evidence: Make sure it is material and was not available before.
3. Consult an attorney: Find a lawyer with experience in Motions to Reopen.
4. Prepare your forms: Use the correct forms for your situation and include all required documents.
5. File with the right office: Make sure you send your motion to the correct USCIS office or Immigration Court.
6. Keep copies of everything: Save proof of filing and all supporting documents.
7. Follow up: Check for updates and respond quickly to any requests for more information.

Where to Find Official Information and Forms

• USCIS Policy Manual: Official guidance on Motions to Reopen and Reconsider
• EOIR Reference Materials: EOIR Chapter 5.7 on Motions to Reopen
• USCIS Forms: Form I-290B, Form I-912
• EOIR Forms: Form EOIR-28, Form EOIR-61, Form EOIR-33/IC

Summary of Key Points

• A Motion to Reopen is your chance to present new, important evidence after a final decision.
• Deadlines are strict: 90 days for Immigration Court, 30-33 days for USCIS.
• New evidence must be material and previously unavailable.
• Pending applications are not enough—relief must be approved first.
• Follow all filing rules and include the right forms and documents.
• Get legal help and act quickly to protect your rights.

By following these updated rules and recommendations, you can give yourself the best chance of success if you need to file a Motion to Reopen with USCIS or Immigration Court. Always check the latest official guidance and consult a qualified attorney for help with your specific case.

Learn Today

Motion to Reopen → A formal request to USCIS or Immigration Court to review a case after a final decision, based on new evidence.
USCIS → United States Citizenship and Immigration Services, the agency managing immigration benefits and enforcement.
Immigration Court → A federal court that handles removal and other immigration-related proceedings.
New Evidence → Facts or documents not available at the time of the original case decision, important enough to change the outcome.
Removal Order → A formal order requiring an individual to leave the United States, usually after a denial or deportation ruling.

This Article in a Nutshell

Motions to Reopen let immigrants present new evidence after denial but now face stricter deadlines, detailed filing rules, and stronger evidence requirements under 2025 policies. Acting quickly and following procedures precisely, including hiring an attorney, increases chances of success in complex immigration cases with high stakes.
— By VisaVerge.com